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I am not a lawyer, but if some deranged individual who follows him takes his comment and face value and murders someone, he will face many consequences.

Firstly, he would be involved on murder. That's not a great experience to have, for most people.

He would at least be on trial. I don't exactly know how incitement to murder is treated in the US.

It could even be considered domestic terrorism (an assassination made to intimidate a group based on an ideological agenda/government policy). Then, I don't know what would happen, exactly. The FBI would probably get involved?




He wouldn’t be prosecuted. Wishing death on political figures is a cherished American tradition, and well protected under the first amendment: https://en.wikipedia.org/wiki/Threatening_the_president_of_t...


> Wishing death on political figures is a cherished American tradition

It's a strange sort of "cherished American tradition" that is so subtle that I, as a native American more than a half-century old, have never even heard of it being a tradition before.


There’s a link in the comment you’re replying citing a 1969 Supreme Court case about this very type of situation.

Yes Americans have cherished a very liberal/free definition of free speech rights.


> Americans have cherished a very liberal/free definition of free speech rights.

Absolutely. That wasn't what I was questioning. What I'm questioning is the proposition that wishing death on people is a "cherished American tradition". I don't think it is.

The American tradition is to be very permissive about how far speech can go before it becomes illegal. That's a very different thing.


Lawyers and judges have already been consulted and concluded that no crime was committed.

https://missionlocal.org/2024/01/y-combinator-ceo-garry-tans...

This would not change ex post facto because of someone else's actions.

In the US, what he did said is disgusting but legally protected free speech. It's conceivable that he could be opened up to a civil lawsuit, but that's about it.


A good video from an actual lawyer on where the legal lines are when it comes to incitement: https://www.youtube.com/watch?v=XwqAInN9HWI


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The US has a long history of "stochastic terrorism", which seems to be at a relative low compared to the violence of the early 1900s, the 1960s, and several other periods etc. I have faith in its institutional ability to handle and restrain actual violence.

I am much more concerned about the normalization of the idea that we should restrict free speech. I suppose this isn't too shocking - the Alien and Sedition Acts were passed after what we would now call many instances of "stochastic terrorism" in the newspapers - but I'd hoped we'd learned our lesson and permanently repudiated these ideas.


Because things were worse before doesn't mean we need to stop trying to be better in the future.

After January 6th, I don't share your assessment of the present or recent past. Free speech seems excessively protected today, even for veiled threats; moreso if one is rich or popular.


Unfortunately, discussing this too much more runs the risk of becoming too politicized for HN. I'll point out only that as deadly riots go, January 6 ranks at the near the bottom of American riots (lots tied with one fatality.) As protests or even attacks on or in government buildings go, it is not particularly notable. If that's what we're worried about, I'm not worried. It will be forgotten like the 50s Puerto Rican attack in the Capitol and it will have had less effect. If there'd been a stronger police response/presence as there was during the BLM White House protests or some earlier Capitol protests, you'd not even be hearing about it today. But for that accident (or conspiracy if you're so inclined, or deliberate underestimation of the threat of Trump supporters, or whatever) it would have been forgotten on January 7th.


> He would at least be on trial. I don't exactly know how incitement to murder is treated in the US.

That's very clear!

In no way is "die slow motherfucker" incitement to murder, whether or not the person is question is actually murdered.




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