The Volokh Conspiracy » The First Amendment and Speech That Allegedly Threatens Public Officials: read all of it; partial summary as follows:
- The Supreme Court has made clear that threats — including threats against the life of the President — can only be punished if they are “true threats."
- U.S. v. Watts (1969), held that the Constitution protects even the statement "If they ever make me carry a rifle the first man I want to get in my sights is L.B.J.," said at antiwar rally.
- If the concern is not that the President will feel threatened, but that some readers might be moved by such statements to attack the President, the speech remains protected.
Technorati Tags: anti-war protests, history, Tea Party protests, U.S. Constitution
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