Comment Legal analysis (Score 2) 144
Okay, so this one had me scratching my head, but I think after reading this analysis, I might have a handle on it:
-This is not a First Amendment issue, but an issue of interpreting a federal statute making threats illegal.
-The issue is not whether a reasonable person would have interpreted what he said as a serious threat.
-The issue is the author's intent, and it matters what the author's intent is, but it's not clear based on the SCOTUS ruling what sort of intent is required to prosecute (actual intent to threaten vs. recklessness--not caring if it was taken as threatening)
Basically, the long-and-short of it appears to be that SCOTUS just made this shit a hell of a lot more confusing.
Also notable: in 1969 the Supreme Court ruled in Watts v. United States that the following was protected speech:
They always holler at us to get an education. And now I have already received my draft classification as 1-A and I have got to report for my physical this Monday coming. I am not going. If they ever make me carry a rifle the first man I want to get in my sights is L. B. J.