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by rrauenza 2327 days ago
Speaking of which, this hit the news today:

https://www.heraldmailmedia.com/news/nation/he-says-his-mass...

excerpt:

The case promises to have widespread implications beyond Puy’s felony prosecution. It’s become the first major test of a law strengthened partly in response to the tragedy at Marjory Stoneman Douglas High.

At issue: Just what makes a written threat illegal? And are all young people and others who make fake threats about mass shootings — it happens on a fairly regular basis — in serious trouble?

1 comments

Yeah.

I just tell the young people I work with to not even go there. If someone tries to goad you into something, just don't say it, it's too risky right now. I mean, a prosecution is some chance at getting the laws relaxed I suppose? But the judges and potentially even the jurors all have kids sitting in those classrooms too. So I just don't see it as a particularly fair way to assess the appropriateness of certain laws.

I really believe the various legislatures, in the end, will need to try to recalibrate some of this. (Though I realize that's not likely to happen either. I just think it's slightly more likely than relying on courts that have repeatedly held that yelling fire in a crowded theater, or talking about bombs at airports is not protected speech.)

> relying on courts that have repeatedly held that yelling fire in a crowded theater

That phrase was used in a court case to (successfully) justify censoring someone protesting the draft during WWI [1]. We should be skeptical of any limitations on free speech because they will be abused to stifle legitimate speech.

[1] https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_the...