USA Today suspends columnist Glenn Reynolds for one month

Re: USA Today suspends columnist Glenn Reynolds for one mont

Postby admin » Sat Dec 31, 2016 9:19 pm

True Threats v. Protected Speech, Post-Election Edition
by Ken White
November 16, 2016

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So. Thank goodness everyone seems to be going about this really calmly.

Dateline: Rutgers. Kevin Allred, a professor of Beyoncé Studies, is not taking recent news philosophically. In the course of a rant he offers these:

Kevin Allred
‏@KevinAllred
if i see any Trump bumper stickers on the road today, my brakes will go out and i'll run you off the road.
7:35 AM - 9 Nov 2016


Kevin Allred
‏@KevinAllred
“Will the 2nd amendment be as cool when I buy a gun and start shooting at random white people or no…?”
11:20 PM - 9 Nov 2016


Days later, the NYPD shows up at his home and hauls him off to Bellvue for a psychiatric evaluation.

Analysis of when law enforcement can detain you and forcibly commit you for psychiatric evaluation is complicated and beyond the scope of this post. Let's look at the easier question: were those tweets illegal threats, or protected by the First Amendment?

The answer: they're probably protected speech. Remember, only "true threats" are outside the scope of First Amendment protection. A statement is only a "true threat" if a reasonable person would interpret the words, in their context, as an expression of actual intent to do harm. In addition, the speaker must either intend that the words be taken as a statement of intent to do harm, or at least must be reckless about whether or not they would be interpreted that way (that's still a bit up in the air, legally).

Here, the context is a tweet rant by a Rutgers professor. The Second Amendment tweet is part of a rant about gun control, and the bumper sticker tweet is part of an attack of intellectual and emotional incontinence about Trump. Neither threatens a specific target and both sound figurative and hyperbolic. So: the government probably can't satisfy the objective test (that a reasonable person would read these as sincere threats), let alone the subjective test (what he intended). It's likely protected by the First Amendment. Legally.

Practically, this sort of thing will get you arrested, if someone happens to catch a cop's attention with it. Stuff that is far more clearly satirical results in arrest and prosecution all of the time. Usually the people arrested are a lot less privileged than a Rutgers professor, and it's much easier to be arrested if you say something mean about police officers. But these tweets were close enough to the line (especially read out of context, as cops tend to read such things in the heat of the moment) that an arrest isn't surprising. You might even wind up having to take a case like this to trial if you get charged. Allred's threatening to sue — but if it's on the theory that his speech was protected, he'll probably lose, because the speech is close enough to the line that the cops are likely protected by qualified immunity even if a judge agrees that the tweets were only hyperbole.

I think that the tweets should be protected, embedded as they are in a figurative expression of rage. But Allred's an asshole. If I were one of his co-workers, or students, I would be a little worried about being around him, because I wouldn't be sure that these are hyperbole. If I were his employer, I'd spend the whole day dealing with the fallout and trying to weigh risk and liability and the fears of other employees.

(The flip side is that far worse stuff gets said online all the time without anyone taking action — because law enforcement is arbitrary and capricious.)

Dateline: San Diego. Matt Harrigan, founder of PacketSled, is nonplussed:

Matt Harrigan
I'm going to kill the president. Elect.

***

Matt Harrigan
Bring it secret service.

***

Matt Harrigan
Nope, getting a sniper rifle and perching myself where it counts. Find a bedroom in the whitehouse that suits you motherfucker. I'll find you

***

Matt Harrigan
In no uncertain terms, fuck you America. Seriously. Fuck off.

***

Matt Harrigan
Bring it.


This ends with Harrigan resigning his position and, I suspect, waiting for a visit from the Secret Service.

This, too, was likely protected speech. As I explained in 2012 when jackasses were incensed over Obama's reelection, threats against a President or President-elect are subject to a true threats analysis as well. Under the federal statute prohibiting such threats, there are two questions: (1) would the statement be understood by people hearing or reading it in context as a serious expression of an intent to kill or injure the official? and (2) did the defendant intend that the statement be understood as a threat?

Here, Harrigan was talking to Facebook followers, and the statements were part of a stream of rage. Despite the fact that he offered details about how he would kill President-Elect Trump, given the context and audience reasonable people probably wouldn't take this as a genuine statement of intent to do harm, and it would be difficult to prove he meant it that way. People familiar with the context would likely interpret it as the venting of someone who is accustomed to getting his way suddenly being thwarted. Therefore it's likely protected by the First Amendment, and because it's part of hyperbole, ought to be. But it's damned close to the line.

Once again, this sort of outburst gets people arrested all the time. Sometimes it gets people charged. Sometimes it results in convictions. Harrigan is well-positioned to skate because he's an affluent white techbro on Facebook. If you're a disturbed jobless nobody or a prisoner, you may get convicted, even though objective analysis ought to suggest that your rant is even more impotent and unlikely than Harrigan's. "Reasonable person" analysis tends to discredit threats from people like Harrigan and Allred and credit threats from people who are offensively dark, poor, incarcerated, or unbalanced in a way that does not lead to tenure. That's the way the system works. Sorry, no refunds.
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Re: USA Today suspends columnist Glenn Reynolds for one mont

Postby admin » Sun Aug 13, 2017 3:05 am

Car Hits Crowd After White Nationalist Rally in Charlottesville Ends in Violence
by Sheryl Gay Stolberg and Brian M. Rosenthal
New York Times
August 12, 2017

NOTICE: THIS WORK MAY BE PROTECTED BY COPYRIGHT

YOU ARE REQUIRED TO READ THE COPYRIGHT NOTICE AT THIS LINK BEFORE YOU READ THE FOLLOWING WORK, THAT IS AVAILABLE SOLELY FOR PRIVATE STUDY, SCHOLARSHIP OR RESEARCH PURSUANT TO 17 U.S.C. SECTION 107 AND 108. IN THE EVENT THAT THE LIBRARY DETERMINES THAT UNLAWFUL COPYING OF THIS WORK HAS OCCURRED, THE LIBRARY HAS THE RIGHT TO BLOCK THE I.P. ADDRESS AT WHICH THE UNLAWFUL COPYING APPEARED TO HAVE OCCURRED. THANK YOU FOR RESPECTING THE RIGHTS OF COPYRIGHT OWNERS.


Image
The governor of Virginia declared a state of emergency in Charlottesville on Saturday as white nationalists clashed with counterprotesters for the second day in a row over a plan to remove the statue of a Confederate general from a city park. At one point, a car plowed into a crowd of counterprotesters, and city officials said there was at least one death and multiple injuries. By AINARA TIEFENTHÄLER on Publish Date August 12, 2017. Photo by Chip Somodevilla/Getty Images.

CHARLOTTESVILLE, Va. — The city of Charlottesville was engulfed by violence on Saturday as white nationalists and counterprotesters clashed in one of the bloodiest fights to date over the removal of Confederate monuments across the South.

White nationalists had long planned a demonstration over the city’s decision to remove a statue of Robert E. Lee. But the rally quickly exploded into racial taunting, shoving and outright brawling, prompting the governor to declare a state of emergency and the National Guard to join the police in clearing the area.

Those skirmishes mostly resulted in cuts and bruises. But after the rally at a city park was dispersed, a car bearing Ohio license plates plowed into a crowd near the city’s downtown mall killing a 32-year-old woman. Some 34 others were injured; at least 19 in the car crash, according to a spokeswoman for the University of Virginia Medical Center. Several witnesses and video of the scene suggested that the crash might have been intentional.

Image
A car slammed into a group of counterprotesters after a rally by white nationalists on Saturday in Charlottesville, Va. killing at least one and injuring at least 19. Credit Ryan M. Kelly/The Daily Progress, via Associated Press

Col. Martin Kumer, the superintendent of the Albemarle-Charlottesville Regional Jail, confirmed Saturday evening that an Ohio man, James Alex Fields Jr., 20, of Maumee, had been arrested and charged with second-degree murder, three counts of malicious wounding and failing to stop at the scene of a crash that resulted in a death. But the authorities declined to say publicly that Mr. Fields was the driver of the car that plowed into the crowd.

Later in the day, a Virginia State Police helicopter crashed near a golf course and burst into flames, leaving at least two people dead. The helicopter appeared to have been monitoring the protests.

Witnesses to the crash said a gray sports car accelerated into a crowd of counterdemonstrators, who were moving jubilantly near the mall after the white nationalists had left, hurling at least two people in the air.

“It was probably the scariest thing I’ve ever seen in my life,” said Robert Armengol, who was at the scene reporting for a podcast he hosts with students at the University of Virginia. “After that it was pandemonium. The car hit reverse and sped and everybody who was up the street in my direction started running.”

The planned rally was promoted as “Unite the Right” and both its organizers and critics said they expected it to be one of the largest gathering of white nationalists in recent times, attracting groups like the Ku Klux Klan and neo-Nazis and movement leaders like David Duke and Richard Spencer.

Many of these groups have felt emboldened since the election of Donald J. Trump as president. Mr. Duke, a former imperial wizard of the Ku Klux Klan, told reporters on Saturday that the protesters were “going to fulfill the promises of Donald Trump” to “take our country back.”

Saturday afternoon, President Trump, speaking at the start of a veterans’ event at his golf club in Bedminister, N.J., again addressed what he described as “the terrible events unfolding in Charlottesville, Virginia.”

In his comments, President Trump condemned the bloody protests, but he did not specifically criticize the white nationalist rally and its neo-Nazi slogans beyond blaming “hatred, bigotry and violence on many sides.”

“It’s been going on for a long time in our country, it’s not Donald Trump, it’s not Barack Obama,” said Mr. Trump, adding that he had been in contact with Virginia officials. After calling for the “swift restoration of law and order,” he offered a call for unity among Americans of “all races, creeds and colors.”

The president came under criticism from some who said he had not responded strongly enough against racism and that he failed to condemn the white nationalists groups by name who were behind the rally.

Among the critics was the mayor of Charlottesville, Mike Signer. “I do hope that he looks himself in the mirror and thinks very deeply about who he consorted with during his campaign,” he said.

The turmoil in Charlottesville began with a march Friday night by white nationalists on the campus of the University of Virginia and escalated Saturday morning as demonstrators from both sides gathered in and around the park. Waving Confederate flags, chanting Nazi-era slogans, wearing helmets and carrying shields, the white nationalists converged on the Lee statue inside the park and began chanting phrases like “You will not replace us” and “Jews will not replace us.”

Hundreds of counterprotesters — religious leaders, Black Lives Matter activists and anti-fascist groups known as “antifa” — quickly surrounded the park, singing spirituals, chanting and carrying their own signs.

The morning started peacefully, with the white nationalists gathering in McIntire Park, outside downtown, and the counterdemonstrators — including Cornel R. West, the Harvard University professor and political activist — gathering at the First Baptist Church, a historically African-American church here. Professor West, who addressed the group at a sunrise prayer service, said he had come “bearing witness to love and justice in the face of white supremacy.”

At McIntire Park, the white nationalists waved Confederate flags and other banners. As a photographer took pictures, one of them, who gave his name only as Ted because he said he might want to run for political office some day, said he was from Missouri, and added, “I’m tired of seeing white people pushed around.”

But by 11 a.m., after both sides had made their way to Emancipation Park, the scene had exploded into taunting, shoving and outright brawling.

Barricades encircling the park and separating the two sides began to come down, and the police temporarily retreated. People were seen clubbing one another in the streets, and pepper spray filled the air. One of the white nationalists left the park bleeding, his head wrapped in gauze.

Declaring the gathering an unlawful assembly, the police had cleared the area before noon, and the Virginia National Guard arrived as officers began arresting some who remained. But fears lingered that the altercation would start again nearby, as demonstrators dispersed in smaller groups.

Within an hour, politicians, including Gov. Terry McAuliffe, a Democrat, and the House speaker, Paul D. Ryan of Wisconsin, a Republican, had condemned the violence.

The first public response from the White House came from the first lady, Melania Trump, who wrote on Twitter: “Our country encourages freedom of speech, but let’s communicate w/o hate in our hearts. No good comes from violence.”

Attorney General Jeff Sessions said Justice Department agents would support local and state officials in an investigation of Saturday’s events.

“This kind of violence is totally contrary to American values and can never be tolerated,” Mr. Sessions said in a statement.

Former President Barack Obama responded to the violence sending three tweets with a quote from Nelson Mandela: “No one is born hating another person because of the color of his skin or his background or his religion... People must learn to hate, and if they can learn to hate, they can be taught to love... For love comes more naturally to the human heart than the opposite.”

Image

After the rally was dispersed, its organizer, Jason Kessler, who calls himself a “white advocate,” complained in an interview that his group had been “forced into a very chaotic situation.” He added, “The police were supposed to be there protecting us and they stood down.”

Both Mr. Kessler and Spencer, a prominent white nationalist who was to speak on Saturday, are graduates of the University of Virginia. In an online video, titled “a message to Charlottesville,’’ Mr. Spencer vowed to return to the college town.

“You think that we’re going to back down to this kind of behavior to you and your little provincial town? No,’’ he said. “We are going to make Charlottesville the center of the universe.”

The Charlottesville street fights were the latest in a series of tense dramas unfolding across the United States over plans to remove statues and other historical markers of the Confederacy. The battles have been intensified by the election of Mr. Trump, who enjoys fervent support from white nationalists.

In New Orleans, tempers flared this spring when four Confederate-era monuments were taken down. Hundreds of far-right and liberal protesters squared off, with occasional bouts of violence, under a statue of General Robert E. Lee. There were fisticuffs and a lot of shouting, but nothing like the violence seen in Charlottesville.

In St. Louis, workers removed a confederate monument from Forest Park in June, ending a long drawn-out battle over its fate. In Frederick, Md., a bust of Roger Taney, the Supreme Court justice who wrote the notorious “Dred Scott” decision denying blacks citizenship, was removed in May from its spot near City Hall.

Here in Charlottesville, Saturday’s protest was the culmination of a year and a half of debate over the fate of the Lee statue. A movement to remove it began when an African-American high school student here started a petition. The City Council voted 3 to 2 in April to sell it, but a judge issued an injunction temporarily stopping the move.

The city had been bracing for a sea of demonstrators, and on Friday night, hundreds of them, carrying lit torches, marched on the picturesque grounds of the University of Virginia, founded in 1819 by Thomas Jefferson.

Many of the white nationalist protesters carried campaign signs for Mr. Trump.

University officials said one person was arrested and charged Friday night with assault and disorderly conduct, and several others were injured. Among those hurt was a university police officer injured while making the arrest, the school said in a statement.

Teresa A. Sullivan, the president of the university, strongly condemned the Friday demonstration in a statement, calling it “disturbing and unacceptable.”

Still, officials allowed the Saturday protest to go on — until the injuries began piling up.

The city of Charlottesville declared a state of emergency around 11 a.m., citing an “imminent threat of civil disturbance, unrest, potential injury to persons, and destruction of public and personal property.”

Governor McAuliffe followed with his own declaration an hour later.

“It is now clear that public safety cannot be safeguarded without additional powers, and that the mostly-out-of-state protesters have come to Virginia to endanger our citizens and property,” he said in a statement. “I am disgusted by the hatred, bigotry and violence these protesters have brought to our state over the past 24 hours.”

The Republican candidate for governor in Virginia, Ed Gillespie, issued his own statement denouncing the protests as “vile hate” that has “no place in our Commonwealth.”

Mr. Ryan agreed. “The views fueling the spectacle in Charlottesville are repugnant,” he said on Twitter. “Let it only serve to unite Americans against this kind of vile bigotry.”

Correction: August 12, 2017
An earlier version of this article misstated the age of a man arrested after the Charlottesville rally. James Alex Fields Jr. is 20, not 32.

Sheryl Gay Stolberg reported from Charlottesville, and Brian M. Rosenthal from New York. Hawes Spencer contributed reporting from Charlottesville.
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