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by pokeymcsnatch 1455 days ago
It does protect you from the government asking you not to engage in speech. The fact that no legal action was taken is what makes this behavior blatantly unconstitutional. If it was against the law, DHS would have arrested her- instead they made vague threats about charging her under a law dealing with conspiring to murder federal law enforcement. Any government policy that creates a chilling effect on a protected right is unconstitutional, regardless of any charge or court case.
1 comments

LE can use discretion when investigating cases that they believe may break the law, and they can give people warnings.

As I understand, other SCOTUS rulings on chilling effects all pertain to political speech that were otherwise clearly and unquestionably legal.

I think we’d need to have more information about the process and procedure that took place here to determine whether this letter was sent in bad faith or not.