Posted on 01/16/2020 9:07:09 AM PST by Meatspace
A 21-year-old Texas man has been indicted in New Jersey for posting a comment calling for racial violence in an online group chat, prosecutors in Burlington County, New Jersey said Wednesday.
According to authorities, Kenneth Petersen of Stephenville was arrested in September after a multi-agency investigation that stemmed from a message Petersen allegedly sent in a group chat with New Jersey high school students in May 2018.
Prosecutors say a Northern Burlington high school student had created a group chat to discuss senior pranks using the messaging app GroupMe when she received a message from a sender she did not know, suggesting “all black people at the school” should be shot.
(Excerpt) Read more at statesman.com ...
Had he sent a message “all white people should be shot” would it have been investigated?
He can ask that question at trial.
“The constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.” Brandenburg v. Ohio, 395 U.S. 444 (1969)
Had he sent a message “all white people should be shot” would it have been investigated?
Yes. Pretty much any kind of threat to a high school will get you flagged.
It’s not an easy choice for me. But I think the Texas man should be indicted. But not for any racist threats. Such comments, however vile, are often a matter of opinion. So it’s a free speech thing.
He should be indicted because of his overt call to violence.
If he had suggested doing that to all Whites, we would not be hearing about it. Every day, m*zzies hurl death threats at non-m*zzies, and nothing happens to them.
Overt call to violence isn’t enough. The test is two-fold.
1. The speech must be directed to inciting or producing imminent lawless action AND
2. Must be likely to incite or produce such action.
No way to get around #2 (at least on the limited facts that we have here).
Watts v. United States, which was also decided in 1969, reversed the conviction of a man who said: “They always holler at us to get an education. And now I have already received my draft classification as 1-A and I have got to report for my physical this Monday coming. 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.”
It’s the double standards that really irk me these days. Some folks can get away with a lot. I am well aware that I need to be careful, because if I make a small mistake, I’ll be on the evening news. There are a lot of protected species, but I am not one of them.
> 1. The speech must be directed to inciting or producing imminent lawless action AND
2. Must be likely to incite or produce such action. <
Interesting. But I’d still indict him, and let a jury decide on point #2.
“should be” is an opinion.
“I will” is a statement of intent.
There may not be enough for a conviction, but plenty enough to destroy his career aspirations and bankrupt his family with lawyer bills.
I have several criticisms of the situation in the way it’s being handled.
I am not splitting semantic hairs when I point out that according to the story he did not threaten to do anything to anyone, he said that it should be done. That’s a serious distinction. You see daily in the news Republicans and conservatives being targeted with similar remarks and no repercussions.
If you notice, the authorities seem to feel that the threat is less important than who is being threatened. Which pretty much dovetails with the things being said about conservatives on a daily basis. In other words, it doesn’t really matter so much what the threat is, only who is being threatened and by whom.
In this particular instance the Texas man should almost be indicted for just being a complete idiot. Seriously, how stupid can a 21 year old be?
Like Republican voters being sent to Goulags?
how many black people have been indicted for issuing racist threats against white folks, against Jews, against Christians?
Howe many muslim people have been indicted for issuing racist threats against white folks, against Jews, against Christians?
How many liberal people have been indicted for issuing racist threats against white folks, against Jews, against Christians?
obummers preacher?
Louis Farrakhan?
So, what did he text? Another author who slept through Journalism 101.
Stephenville used to be a little conservative podunk town with an even smaller conservative college (part of A&M). Looking at the profs there now, whew, have times changed. Looks and reads like Berkeley faculty.
As an aside, that GroupMe app is a terrible piece of crap. I’m pretty much required to have it for work, but I NEVER post anything there.
Hollyweird celebs are exempt in calling for violence against Trump, whites and conservatives. Same exemption goes for Congress and minorities.
No.
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