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In reply to the discussion: Comey indicted over 86/45 photo of seashells on NC beach [View all]LetMyPeopleVote
(181,598 posts)51. Watts v. United States (1969)-Court said anti-war protester's threat was crude political hyperbole
This case is so stupid that Blanche, Patel and the attorney who signed the indictment need to be disbarred or sanctioned. There is existing SCOTUS authority that this statement is protected by the First Amendment. The SCOTUS opinion dealt with a less ambiguous compared to the 8647 being used here
https://firstamendment.mtsu.edu/article/watts-v-united-states/
Court said anti-war protesters threat was crude political hyperbole
On further appeal, the Supreme Court reversed in a 5-4 per curiam opinion. The majority determined that the federal statute prohibiting threats against the president was constitutional and that true threats receive no First Amendment protection.
However, the majority also determined that Wattss crude statements were political hyperbole rather than true threats. What is a threat must be distinguished from what is constitutionally protected speech, the majority wrote. The language of the political arena is often vituperative, abusive, and inexact.
The Court agreed with Wattss counsels characterization of Wattss speech as a kind of very crude offensive method of stating a political opposition to the President that did not qualify as a true threat.
Justice William O. Douglas concurred in an opinion that would have gone further than the per curiam majority opinion and invalidated the federal statute. Suppression of speech as an effective police measure is an old, old device, outlawed by our Constitution, he concluded. Justice Abe Fortas, joined by John Marshall Harlan, dissented in a very short opinion questioning whether the Court should have taken the case.
On further appeal, the Supreme Court reversed in a 5-4 per curiam opinion. The majority determined that the federal statute prohibiting threats against the president was constitutional and that true threats receive no First Amendment protection.
However, the majority also determined that Wattss crude statements were political hyperbole rather than true threats. What is a threat must be distinguished from what is constitutionally protected speech, the majority wrote. The language of the political arena is often vituperative, abusive, and inexact.
The Court agreed with Wattss counsels characterization of Wattss speech as a kind of very crude offensive method of stating a political opposition to the President that did not qualify as a true threat.
Justice William O. Douglas concurred in an opinion that would have gone further than the per curiam majority opinion and invalidated the federal statute. Suppression of speech as an effective police measure is an old, old device, outlawed by our Constitution, he concluded. Justice Abe Fortas, joined by John Marshall Harlan, dissented in a very short opinion questioning whether the Court should have taken the case.

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I was hopping to convey this new Comey litigation about the sea shells on the beach that offended trdump,...
magicarpet
Apr 30
#68
I hope you are right about a court tossing this case out the front door of the courthouse
magicarpet
Apr 30
#70
"Also" -- as in one of several meanings, and not necessarily the principal meaning or the meaning intended by Comey
onenote
Apr 28
#39
Wikipedia? Here's Webster's Dictionary definition; which is recognized worldwide.
Callie1979
Apr 28
#42
How far our FBI and DOJ have fallen, is anyone left that protects the Constitution?
dem4decades
Apr 28
#29
MaddowBlog-Comey's second indictment shows the lengths Blanche will go to please Trump
LetMyPeopleVote
Apr 28
#30
Hitler's AG wears official WH kneepads 24/7 to service his Fhrer at a moments notice nt
yaesu
Apr 28
#60
There's a real cottage industry of "86 47" merchandise. Are they going to arrest all Internet sellers?
Vinca
Apr 28
#43
Watts v. United States (1969)-Court said anti-war protester's threat was crude political hyperbole
LetMyPeopleVote
Apr 28
#51
MaddowBlog-Trump tries to defend Comey case, says seashell message 'probably' put his life in danger
LetMyPeopleVote
Apr 30
#66
The Comey indictment could be upended by this 2015 Supreme Court precedent
LetMyPeopleVote
Apr 30
#71