Monday, July 20, 2009

First Amendment and Criminal Threats

I think it goes without saying that almost everyone is for freedom of speech. But where should the limits be? You cannot yell, "Fire!" in a crowded movie theater. Should you be able to curse at someone, yell racial slurs, or even threaten to commit injury to another.

When it comes to threatening another person, the law is clear that not all threats are created equal. For a threat to be a crime, the speaker must have the intent that the words spoken be taken as a threat. Who amongst us hasn't said something they did not mean in the heat of an argument. Such comments, when the person does not mean literally what they said, are simply not crimes.

Criminal Threats San Mateo Criminal Defense Redwood City

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