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“Is This A Threat?”

Westlaw Journal Computer & Internet By Steven V. Hunter

Following is an excerpt:

The same principles that distinguish threats from protected speech in the physical world apply to social media.

The 10th U.S. Circuit Court of Appeals recently held that a Facebook user Kenneth R. Wheeler’s posts were not protected by the First Amendment. United States v. Wheeler,
No. 14–1031, 2015 WL 191149 (10th Cir. Jan. 15, 2015). The
posts said:

To my religious followers and religious operatives. If my DUI charges are not dropped, commit a massacre in the stepping stones preschool and daycare, just walk in and kill everybody.