The is no First Amendment right to advocate for violence.
yep, and even saying “punch a Nazi” is promoting assault and if done while colluding with others it even might be open to RICO charges.
While unkind, simply vocally wishing someone harm is not illegal in the U.S. because it is generally protected under free speech. However, this “wish” can become unlawful if it crosses the line into a credible “true threat” or becomes part of a pattern of harassment.
What constitutes a “true threat”?
A threat becomes illegal when it is a “true threat,” which is an explicit statement of intent to commit illegal violence. The factors that determine if speech is a true threat include:
Intent: The speaker meant to communicate a serious expression of an intent to commit an act of unlawful violence.
Reasonable fear: The statement causes a reasonable person to fear for their safety.
Context: Factors such as how the message was communicated, the history between the individuals, and the speaker’s ability to carry out the threat are considered.
Harassment and other criminal conduct
Even if not a “true threat,” repeatedly wishing someone harm could be considered harassment, depending on the frequency and context. Harassment is defined as repeated, unwanted behavior that causes distress or fear. The legal criteria for harassment vary by jurisdiction, so local laws would need to be considered.
When a “wish” becomes a threat
Type of speech Example Legal status
“I hope you die” or “I hope something bad happens to you.” Generally protected. This is an expression of opinion and does not contain a credible threat of action by the speaker.
“I’m going to kill you,” or “I am going to break into your house tonight and cut your throat while you sleep.” Illegal. These are specific, unconditional threats that create a reasonable fear of harm.
Sending a person thousands of aggressive and intimidating messages over two years, which causes the recipient to fear for their safety. Illegal. A repeated course of conduct that causes emotional distress can constitute harassment.
A statement like, “You’ll be sorry you did that,” if delivered with aggressive actions and in a history of violence between the parties. Illegal. The context can transform ambiguous language into a credible threat of future harm.
In short, the law protects the expression of a mere wish for someone’s misfortune, no matter how offensive. However, if that statement becomes a specific, credible threat of action by you, or part of a repeated pattern of behavior intended to cause fear, it can become an unlawful act.
I think its like shouting FIRIE in a theater, someone is going to get hurt.
Correct.
Try telling someone, with witnesses, that you’re going to kill them.
Terroristic threats aren’t included with “the right to free speech.”
At all.