The tech billionaire deleted the X post and then lamented over why no one seemed to find it funny.

The Secret Service has launched a probe into an X post by Elon Musk in which he tweeted that “no one is even trying” to kill Kamala Harris or Joe Biden.

The tech billionaire deleted the post on his X platform and passed it off as a “joke.” However, the White House did not find it funny and instead called it “irresponsible.”

“Violence should only be condemned, never encouraged or joked about,” the White House said in a statement. Now the Secret Service is involved.

  • JasonDJ
    1·
    3 months ago

    My client isn’t very good at showing context. What is this about? Biden or Swift?

    Anyway…violent threats aren’t protected speech…

    • The First Amendment does not protect violent or unlawful conduct, even if the person engaging in it intends to express an idea. United States v. O’Brien, 391 U.S. 367, 376 (1968).

    • The First Amendment does not protect speech that incites imminent violence or lawlessness. Brandenburg v. Ohio, 395 U.S. 444, 447 (1969).

    And also a federal felony…

    It is is felony under federal law to communicate a threat to injure or kidnap another person online, by phone or mail, or using other interstate channels. 18 U.S.C. § 875©

    It is a felony under federal law to intentionally “solicit, command, induce, or otherwise endeavor to persuade” another person to engage in a crime of violence against a person or property. 18 U.S.C. § 373.

    (PDF link hosted by Georgetown University Law Center) https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2020/12/Fact-Sheet-on-Threats-Related-to-the-Election.pdf

    • atzanteol@sh.itjust.worksEnglish
      11·
      3 months ago

      “true threats” and “imminent lawless action” have meanings that most people wildly misunderstand though. The courts take a narrow view on both.