Two things:
1️⃣ Does not seem like a true threat to me
2️⃣ But also "true threat" is often so ill-defined by the appellate courts (no real test from SCOTUS) that they convict who they want to convict regardless
Not sure how 9th Circuit has it. I'd assume a good defense attorney could beat this though
@gregdoucette.bsky.social have you seen the arrest of the citizen addressing the Bakersfield City Council (now in jail on $2M bond)?
youtu.be/Z_ZXZTaKbQI?...
Speeches at 30:07 and 46:45. True threat or rhetorical hyperbole? I think it’s rhetoric.
I'd 100% trust Ken's analysis over my own
I guess my take is that I'm too online, because in the context of the broader rants I didn't take that line as being adequately detailed to be a true threat
In isolation or different context, agree that's enough
Greg, your analysis is at least as reliable as mine. I’d say pretty confidently that it’s enough for probable cause for a threats case, and enough to go to jury. Does a jury agree? Maybe not. To me the context is significant —
—-they’re putting in metal detectors and she’s saying eh we’ll just go kill you at home. And during an era of public officials being attacked all the time by crazy people, it’s not at all clear to me that a reasonable person wouldn’t be afraid.
And my bias: I think there are a lot of people out there who create DELIBERATE ambiguity and uncertainly about whether or not their threats are true or rhetorical, and relish the fear (and accompanying chill on speech) that causes, and those people are scum.
I think these folks know that:
* they themselves won’t carry out the threat, so feel legally safe because that makes the threat “not true”, while also
* they are in a communication ecosystem that contains individuals who just might take a suggestion and do the deed for them.
#stochastic
There is an entire category of dude who is a bit bigger than everyone else in almost every room they enter for which "intimidate everyone just a little" is baked into their communication style. Can't stand those guys. And the style looks incredibly dumb when they continue to use it online.
