Dave was returning fire at Paul 
 about threat on Leslie 
 -> DA> Sounded like a death threat to me.  His mealy-mouthed DA>
 -> "explanation" in the 2nd message does nothing to lessen the DA>
 -> threat of the first, which stands alone.
 
 I see a couple of issues here we should consider...
 -> Motive, Means, Opportunity?
 DA> Motive, means, opportunity are needed to get a murder conviction.
 DA> The crime in this case is not murder.  The crime is making a death
 DA> threat, and incitement to commit murder.
 
 I wasn't trying to speak in the literal, legal sense.  I'm still just
 plain not seeing this as a threat.
 Consider: Suppose I say to you that I'm going to come over to your
 house and rape your dog, annoy your wife and pee in the rose bushes.
 I'm in Aridzona, you're in Illinois.  No matter how annoyed I am with
 you, what is the real liklihood that I'm going to follow through?
 Were I to make such a threat what degree of concern would you be
 feeling?
 And if I really did intend to do such, am I really going to announce
 it here in front of God and everybody?
 -> I tend to agree with the original poster.  I just plain don't see a
 -> credible threat.  But we all have differing degrees of "reasonable,"
 -> so I suggest that both of us can be "right."
 DA> We're not talking the kind of "threat" for which the person being
 DA> threatened has justification to shoot back.  We are talking a
 Noted...
 DA> verbalized or written threat.  It is against the law in most states
 DA> that  I know of.   If someone writes a letter to you, whether on a
 DA> piece of paper, or via email, and says something like "I'm going to
 DA> kill you" they have violated a law.
 DA> Same thing would apply if someone wrote on a piece of paper "John Doe
 DA> should die!  Let's kill him!"  and posted it on the bulletin board at
 DA> the neighborhood grocery store.  That would be an incitement to commit
 DA> murder, also against the laws in most states.
 
 _Lots_ of stuff has become against the law.  To the extent that the law
 is overworked with a lot of bs.
 Can we demonstrate that in the instance of this particular threat by
 some yahoo tree hugger in Texas against a person in California that
 there has been an act that caused harm?  To what extent do we _want_
 laws that criminalize a behavior that causes no harm?
 I see this as _very_ close to the mindset that would criminalize the
 possession of a particular object...say an "assault weapon."
 DA> "Freedom of speech" is not the freedom to say *anything*.  Threats,
 I agree...
 DA> conspiracy, incitement, obscentiy, libel, etc, are NOT protected
 DA> speech.
 ...but where there is no follow through, nor is there likely to be,
 then no harm accrues.
 Imo if there is no harm than we should be _very_ careful toward
 assaigning criminal status to a behavior.
 I understand your concern.  There are a whole bunch of things I'd make
 illegal if I were the head guy...but then all those things could be
 used against me when I get deposed.   Any mechanism that restricts
 thought or speech is a mechanism that can come around and bite you on
 the butt.
 Look at the yammering the press is doing about Lauck.  "He only gets
 away with his hate because of that darn ole first amendment..."
--- FMail 1.02
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