- Joined
- Mar 30, 2021
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- 28,326
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- Political Leaning
- Liberal
Tirades like Giglio’s are increasingly common. Threats to judges, members of Congress, election officials and other public servants are at or near record highs, according to government data. Reuters has previously documented how Trump’s attempt to overturn the 2020 election unleashed a deluge of threats from his supporters, many of them violent and resulting in federal investigations. Scores of people have been arrested, including more than a dozen for threatening election workers.
But the messages sent by Giglio occupy a legal gray area, making them harder to prosecute. The Constitution’s free-speech guarantees cover all but the most serious threats. Police and security agencies can try to stop perpetrators with personal visits and stern warnings. They typically can’t file charges, however, unless there’s an explicit, direct threat that conveys intent to cause harm – a line that can be subject to interpretation.
“Nobody – not even prosecutors and judges – knows exactly where the line is, and if you’re somebody who wants to make threats you can take advantage of that,” said Jared Carter, a Vermont Law School professor specializing in constitutional free-speech issues. Giglio and those like him appear to understand the risk of arrest and have “become more sophisticated” at testing the boundaries of free speech, added Carter.
Trump and the republican party have a lot to answer for.
But the messages sent by Giglio occupy a legal gray area, making them harder to prosecute. The Constitution’s free-speech guarantees cover all but the most serious threats. Police and security agencies can try to stop perpetrators with personal visits and stern warnings. They typically can’t file charges, however, unless there’s an explicit, direct threat that conveys intent to cause harm – a line that can be subject to interpretation.
“Nobody – not even prosecutors and judges – knows exactly where the line is, and if you’re somebody who wants to make threats you can take advantage of that,” said Jared Carter, a Vermont Law School professor specializing in constitutional free-speech issues. Giglio and those like him appear to understand the risk of arrest and have “become more sophisticated” at testing the boundaries of free speech, added Carter.
Trump and the republican party have a lot to answer for.