Has Texas never seen the internet before? 4chan? /b/? This is what gets a kid tossed in jail? Christ.
āmaking a terrorist threatā Yes, apparently this is a jailable offense. http://definitions.uslegal.com/t/terroristic-threat/ helpfully provides an example of the Texas law, where youāre a terrorist is you make statements that āplace any person in fear of imminent serious bodily injury.ā In other words, āIām going to kick your assā counts.
is this the only test to whether speech can be protected? just to play devilās advocate, what about the common example of āfireā in a crowded theatre?
iāll bite. which part of you rejoices, and why?
Presumably you mean the example of shouting āfireā in a crowded theatre when there is no fire. I think we should all be allowed to shout fire otherwise.
Iām not entirely being pedantic for the sake of it. I mean to show that for every absolute case, there is always an exception.
If I heard someone shout āfireā in a theatre, Iād look about for a fire, not blindly panic. Wouldnāt you?
iād like to think so. but we probably arenāt typical examples and that isnāt the point at all.
iām saying there are examples of speech that are illegal that donāt immediately incite lawlessness, and arenāt covered by the Brandenburg Test (IANAL), no?
Recommend that you read the history of that expression.
āspeech or actions made for the principal purpose of creating unnecessary panicā
thanks for the background.
also includes some references to different precidents than just the Brandenburg Test.
i was originally replying to @bzishi who seemed to be implying only the Brandenburg Test can make this type of speech not protected by 1st.
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