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A federal grand jury indicted a Tennessee Bluesky user for allegedly threatening ICE agents. storage.courtlistener.com/recap/gov.us...

Paul Alan Levy

@paulalanlevy.bsky.social

22 Sept

/1/ The Bluesky posting is not a "threat." It is incitement, and cannot be unlawful unless the government can prove that the alleged unlawful acts were both imminent and likely (per Brandenburg v. Ohio).

Dead Ostrich and 12.5k ghosts

@justostrich.com

Better authority is Elonis v. US (2015) dealing with the same statute in which the mens rea is established as "knowing it would be interpreted as a threat". Oddly not alleged in this indictment.

22/9/26, 6:21 pm0 reposts0 likes

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