Fo Shizzle
Pragmatic Classical Liberal

Posts: 41,888
Joined: Dec 2006
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I Root For: ECU PIRATES
Location: North Carolina
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RE: Black Woman Arrested For Threatening To Kill White Cops
(05-01-2015 01:25 PM)Kaplony Wrote: (05-01-2015 10:07 AM)Fo Shizzle Wrote: (05-01-2015 09:48 AM)200yrs2late Wrote: (05-01-2015 07:06 AM)Fo Shizzle Wrote: (05-01-2015 06:58 AM)200yrs2late Wrote: What's wrong with it? I'm all for freedom of speech and my Constitutional rights, but this makes pretty good sense to me. It's a pretty damn specific communication of a racially motivated threat against her local law enforcement. She even says she is going to start plotting how to go about it. For all we know she has a record which may be considered an aggravating factor in the decision to arrest her.
Had she said something about not being surprised if people started killing white cops I don't think they could have arrested her since there was nothing specific in the threat, but stating that she herself was going to do it, when she was going to do it, how many she thought she could kill, and adding that she wouldn't stop until they caught her or killed her is easily worthy of charging her.
If she had said she was going to go shoot up and elementary school nobody would have batted an eye about her being arrested for it.
My unease with this deals with the incremental growth of the Police state. It is another step forward in that growth IMO. Will it stop with just this type speech? Who gets to decide what speech is now worthy of denial and even arrest? It brings up questions that we should stop and ponder. I think her comments are deplorable. Im not sure though I am ready to put her in a cold cell for saying them and actually not committing any act of aggression.
Communicating a threat is already a crime.
Yes. It generally though involves direct face to face verbal conflict between specific parties. I'm not sure that extends to a general statement of malice towards a group...but...Im not a lawyer. Im wary of this not because she does not need some level of punishment... but it sets a precedent that could easily be used against anyone saying damn near anything malicious, regardless of real intent. I guess we will see how this plays out.
No it doesn't. As a matter of fact there is a specific law covering the use of interstate communications to make a threat.
http://uscode.house.gov/view.xhtml?path=...ion=prelim
Quote:§875. Interstate communications
(a) Whoever transmits in interstate or foreign commerce any communication containing any demand or request for a ransom or reward for the release of any kidnapped person, shall be fined under this title or imprisoned not more than twenty years, or both.
(b) Whoever, with intent to extort from any person, firm, association, or corporation, any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be fined under this title or imprisoned not more than twenty years, or both.
© Whoever transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be fined under this title or imprisoned not more than five years, or both.
(d) Whoever, with intent to extort from any person, firm, association, or corporation, any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to injure the property or reputation of the addressee or of another or the reputation of a deceased person or any threat to accuse the addressee or any other person of a crime, shall be fined under this title or imprisoned not more than two years, or both.
(June 25, 1948, ch. 645, 62 Stat. 741; Pub. L. 99–646, §63, Nov. 10, 1986, 100 Stat. 3614; Pub. L. 103–322, title XXXIII, §330016(1)(G), (H), (K), Sept. 13, 1994, 108 Stat. 2147.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §408d (May 18, 1934, ch. 300, 48 Stat. 781; May 15, 1939, ch. 133, §2, 53 Stat. 743).
Provisions as to district of trial were omitted as covered by sections 3237 and 3239 of this title.
Definition of "interstate commerce" was omitted in conformity with definitive section 10 of this title.
Changes were made in phraseology and arrangement.
Amendments
1994—Subsecs. (a), (b). Pub. L. 103–322, §330016(1)(K), substituted "fined under this title" for "fined not more than $5,000".
Subsec. ©. Pub. L. 103–322, §330016(1)(H), substituted "fined under this title" for "fined not more than $1,000".
Subsec. (d). Pub. L. 103–322, §330016(1)(G), substituted "fined under this title" for "fined not more than $500".
1986—Pub. L. 99–646 inserted "or foreign" after "interstate" wherever appearing.
None of that is the run of the mill "communication of threats" that this discussion entailed. I have no problem btw with any of those being criminal acts and punishing those that do them. All of those are a direct violation of the principle of non aggression also, since they deal with theft,fraud violence and destruction of property.
What I question is if the random vocalization of a threat that does not have a specific target. I think there are cases that might meet criminal standard..but..I wonder were that line will get drawn.
(This post was last modified: 05-01-2015 01:47 PM by Fo Shizzle.)
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