Student arrested for threat against Bush.

[gizmo1979]

A student that my daughter goes to school with was arrested today for threatening the president.My daughter discribes the guy as a joker who has joked about ruling the world with his cold fusion machine since the seventh grade,and was just making a joke,I know it's against the law,during chess club.Someone called the secret service,what did this little repug have the service on speed dial,they later came to the school and arrested the kid.I know what he did wasn't smart but he's been saying off the wall stuff since grade school.I would think they would be able to determine he wasn't a threat and be on their way.But they had to make a big spectacle of the poor kid.Do you think I'm off base sticking up for the kid?

[FtWayneBlue]

1. real threats should not be minimized, but

neither should unreal threats be maximized. I heard a guy say the other day that "bush should be hung in effigy . . . hell, just hung for real." But I didn't take him seriously, as I knew he wasn't serious. He just wants bush to go away. As far away as possible.

[punpirate]

2. What, exactly, did the kid say?

And was there any context to the statement?

Cheers.

[gizmo1979]

4. I'm not sure verbatim

something to the affect"aha I kill your king as I shall George Bush.

[Ilsa]

6. That's what got his ass in a sling?

Well, the upside is maybe the SS will grow weary of people making bad jokes and stop responding to off-the-wall comments by teenagers like this.

[gizmo1979]

8. I sure hope so.

he seems to be a good kid.There's probably 100 students that belong in jail he isn't one of them.

[Selteri]

12. That sounds as bad as the black student who was suspended

in my cousin's highschool for saying, "I gotcha Ni---r!" when he was playing my WHITE cousin who was playing black side. The reason 'racial slurs'. It's just a bit crazy, but so are most chess geeks.

[cornfedyank]

3. it is like crying "fire" in a crowded theater.

do not threaten the president with bodily harm.

on edit; threaten him /her/ it with electoral harm

[punpirate]

10. Actually, no, it's not...

... according to the Supreme Court. The following is part of a response by the Reporters Committee on Freedom of the Press to a similar incident:

The statute governing threats against the President, 18 U.S.C. § 871(a), provides for criminal sanctions against anyone who threatens the President, but the statute must still be read in the context of free political debate. Our position is supported by the U.S. Supreme Court decision in Watts v. United States, 394 U.S. 705 (1969). In Watts, a young man at a political rally was protesting the draft. He had received a draft card and was supposed to report to the Army. He stated, "I am not going. If they ever make me carry a rifle the first man I want to get in my sights is L.B.J." Id. at 706.

The Supreme Court held that his statement was not sufficient to constitute a "threat" against the President within the meaning of the statute, even though the statement, taken literally, referred to shooting the President. The Court found that his statement was merely political hyperbole. Even though the statement referenced shooting the President, it was, in context, merely a crude expression of political opposition to the President rather than a genuine threat.

The Court stated that the statute, 18 U.S.C. § 871(a), is constitutional in general, as the nation has a strong interest in protecting the President, but the Court also stated, "what is a threat must be distinguished from what is constitutionally protected speech." Watts, 394 U.S. at 707.

The Court held that in order to prosecute someone under the statute, the government must prove that there is a "true" threat as opposed to a mere statement of political hyperbole, which is protected. The Court stated, "we must interpret the language Congress chose 'against the background of a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on the government and public officials.' " Watts, 394 U.S. at 708 (quoting New York Times Co. v. Sullivan, 376 U.S. 254, 270 (1964)).

[Viking12]

13. Like most people, you use the "fire" analogy incorrectly

O.W. Holmes stated that "The most stringent protection of free speech would not protect a man falsely shouting fire in a theater and causing a panic." (Schenk v. US, 1919)

In the case of falsely shouting fire one must cause a panic before one can be prosecuted. In the case of threatening the President (or anyone else), there needs to be reasonable evidence that the threat can and will be carried out.

[politicaholic]

5. Why didn't I think of that?

I probably would have been a lot more popular...

Wait a second, I'm an immigrant, never mind.

[vpigrad]

7. Typical law enforcement overreaction!

Why is it people that have a proper sense of proportion are never the ones that decide to be a cop?

[gizmo1979]

9. My feelings exactly!

[burn the bush]

11. The kid'll probably be a school hero now.

Sometimes when speaking of the rape of America by the current administration, it is difficult for these thoughts not to just slip out even when one doesn't really mean it.

anyone else catch themselves starting to blurt out an "I wish somebody would....." then clamping ones mouth together quickly?

[gizmo1979]

15. everyday.

[ClassWarrior]

14. You should have the kid contact "Countdown." KO will do a segment.

NGU.

[gizmo1979]

16. I'll let his parents know.

I haven't heard any follow up though.It was front page news thursday not a peep since.Maybe my daughter will see him out tonight.

[bikesein]

17. Chess Club Member?

Then he is no doubt a trouble maker! Those Bishops have very pointy tips - no telling how much damage he could inflict with one of those things.

Next thing you know he will be seeking political refuge in Iceland, better lock him up for a long time.


:sarcasm:

[gizmo1979]

18. Good point

I was only looking at the pawns which are rounded and safe,I completely forgot about those dam bishops!

[newyawker99]

19. Hi bikesein!!

Welcome to DU!! :toast: