General Discussion
In reply to the discussion: I was threatened with rape today, NSFW [View all]kmlisle
(276 posts)Here is an excerpt from the DOJ website on Internet threats including the federal statues involved:
A very important tool in our effort to combat stalking and threats via the internet is 18 U.S.C. § 875(c) which makes it a federal crime, punishable by up to five years in prison and $250,000 fine, to transmit any communication in interstate or foreign commerce containing a threat to injure the person of another. Section 875(c) prohibits the actual transmission of a threat, which is defined "objectively" as a statement which a reasonable person would understand as threatening bodily injury.
Consistent with judicial construction given to other federal threat statutes, § 875(c) applies only to "true threats" which are not protected by the First Amendment. This requirement was established by Watts v. United States, 394 U.S. 705 (1969) (per curiam), which held that a threat statute "must be interpreted with the commands of the First Amendment clearly in mind," and therefore be construed only to reach a "true threat" and not "constitutionally protected speech." Such protected speech includes "political hyperbole" or "vehement," "caustic," or "unpleasantly sharp attacks" that fall short of true threats.