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Clay Calvert Comments on What Constitutes a True Threat of Violence

Clay Calvert, director of the Marion B. Brechner First Amendment Project at the University of Florida College of Journalism and Communications, was quoted in “Should People Have Called the Cops Over Cesar Sayoc’s MAGA Van?” published on VICE.com on Oct. 31.

Clay_Calvert
Clay Calvert

The article focuses on the van of alleged pipe bomb maker Cesar Sayoc and the negative images displayed on the vehicle depicting ultraright wing memes and conspiracy theories.

Calvert states that the messages and images were protected free speech unless investigators and prosecutors could show they represented what’s called a “true threat.”

“Typically, that’s when a person threatens another person via a one-on-one communication or posting on social media—and it could be reasonably interpreted as a harbinger of imminent harm,” said Calvert.

“The sniper scope images of individuals would be the closest thing possible to make an argument that the speech on the side of the van constitutes a threat of violence, and therefore would be unprotected by the First Amendment,” he said. “However, that is a difficult case to make.”

Posted: November 5, 2018
Category: College News, Marion B. Brechner First Amendment Project News
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