But murder (and the degree of murder) is a lot harder, because it depends on the operation of the mind of killer and the context.
Please tell me you know nothing about law without telling me that you know nothing about law.
I know this may come as a shock to you, but you need only convince 12 people of the intent of the crime. It's not some sort of rocket that if you do things in the wrong sequence or forget one little detail, boom, all your hopes of doing whatever was intended is dashed.
And yes, beyond reasonable doubt is that fun thing folks love to point out and that's why trail lawyers are speakers. Their entire thing is to convince those folks of the point they're trying to make.
Now back to something that's actually related to the topic at hand.
If you believe you or your organization will be punished or have retribution in any form, now or in the future, for not complying with the notification/request/desire, then yes
That's not how that works. If it was, then the fear of taxes going up would fall into your definition. What is actually considered isn't if there will be retribution or not, because none of that matters, they're the Government. It is if the ask is reasonable and within the scope authorized by law. If Congress grants enforcement of something, say keeping folks safe or "keeping folks safe", then that retribution isn't retribution, it's enforcing the law. It might feel like retribution, I'm pretty sure if you ask any criminal they'll indicated that the law was always against them unfairly. Nobody cares the sentiment of "retribution" you may or may not feel, that's immaterial in court.
The whole point here before the Supreme Court is where is a line before the Government crossing into the domain of impinging actual free speech? When is safety and public good an overriding factor? Easy calls are things like when someone pretends to be NOAA and issuing hurricane warnings when there is no hurricane. Or when someone is attempting to pander false medical science and is not a doctor. There are things we've passed that are pretty clear "yeah free speech doesn't cover that."
Missouri and Louisiana brought forth the argument that the Government overstepped their mandate to ensure safety by indicating that false medical information was being disseminated on social media. And yeah, one of the things cited by the Government was some dude hocking silver compounds "to cure COVID" that could very well lead to metallic poisoning because none of the product offered had industry accepted quality control standards. Just as one of those random examples.
Now the various social media sites were not under duress to pull those bits of information. Because, had someone died, the social media site would have been held liable under medical malpractice, we have a very well established law that covers what happens if you assist someone trying to hock dangerous products under the guise of medicine. And we know that's not a "protected speech thing" as it is "actual harm". But if nobody is dead, then there isn't a case the Government could bring onto the social media site.
So note in this whole thing, nobody is threatening the social media site. You can keep the misinformation up, but if someone does indeed get injured or dies well , the Government is just letting you know, you'll be on the hook for it. See how that's not retribution but just enforcing the law. See how that's different?
It isn't solely about what the government did, but how it might be interpreted by the recipients as well.
Well none of that has to do with what happens if/when someone is taken to court. How someone interprets something isn't the action of crime. It can play part of motive for a crime, but has little to do with the actionable elements. And that's some of the finer details the States brought up into the Supreme Court that SCOTUS wasn't really having much of. The States couldn't provide actionable elements of the Federal Government's recommendations to social media sties without some de novo articulation of who gets to make the call on "what is safety". SOCTUS isn't interested in originality claims that are purely motive in scope, or least this court is not interested. And few courts at the Federal level are. If you've gotten to circuit level courts, you're mostly dealing with actionable claims that have immediate effect. At least Article III courts. Now interesting claims of motive play well into the various regulatory courts, because well that's the entire point of regulation.
The point being, how the recipients "interpret" the Government's willingness to uphold medical malpractice laws and drug regulations, that's not going to be convincing of any meritorious consideration, and especially in the highest court. Because taking Missouri and Louisiana's claims at face value and closing the door completely, as the justices indicated, has it's own set of violation of equal protection of the public mandated in the Constitution.
So I get it. OOOHHH very scary seeing Big Brother walk into your establishment and saying "be a shame if something happened." But the reality is the Government is simply putting out to social media sites that they are serious about enforcement of already well-established laws. The degree they wish to play Russian Roulette with that incriminating information on their site, notwithstanding. So yeah, it's easy to feel like "oh the Government is being unfair to me!" when you are flagrantly violating the law and the Government is coming to enforce the law that you are violating. But that sentiment isn't really going to put forward any kind of substantive argument in court. But I'm sure it'll be a fun PR blitz to play victim.
But all the PR aside, because you know that someone like say Musk as an example would love to play the victim card, it's pretty cut and dry here. Don't violate the law and here's where it looks like you are violating the law.... So you might want to take care of that.