The tech billionaire deleted the post on his X platform and passed it off as a “joke.” However, the White House did not find it funny and instead called it “irresponsible.”
“Violence should only be condemned, never encouraged or joked about,” the White House said in a statement. Now the Secret Service is involved.
I think the guy is terrible but threatening to forcibly impregnate is not how I read that tweet. Didn't he say "okay I will give you a child" or some shit. That doesn't imply non consent, it sounded to me as an offer, which was gross. Could maybeee be considered harassment, but 1 tweet would be hard to classify as that as well. It would be like trying to make catcalling illegal. It's gross, but by no means would it ever make a law that wouldn't be abused.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Disapproving of what Musk says, or desiring for Musk to face consequences for what he says, is not in conflict with the 1st amendment.
• The First Amendment does not protect violent or unlawful conduct, even if the person engaging in it
intends to express an idea. United States v. O’Brien, 391 U.S. 367, 376 (1968).
• The First Amendment does not protect speech that incites imminent violence or lawlessness.
Brandenburg v. Ohio, 395 U.S. 444, 447 (1969).
And also a federal felony...
It is is felony under federal law to communicate a threat to injure or kidnap another person
online, by phone or mail, or using other interstate channels. 18 U.S.C. § 875(c)
It is a felony under federal law to intentionally “solicit, command, induce, or otherwise endeavor to
persuade” another person to engage in a crime of violence against a person or property. 18 U.S.C.
§ 373.
Aside from the fact that we’re talking about a civil matter between private citizens, you can legitimately get serious government intervention and punishment for certain types of speech. Let’s say you yell fire in a theater, or threaten the president, or publish classified national security secrets.
People who claim to be free speech absolutists (like one of the private parties in this discussion!) usually just mean for them or for stuff they disagree with.
You're technically correct, but you're still an asshole.
Punishment for yelling fire in a crowded theater isn't a first amendment violation. Yelling fire in a crowded theater when there isn't a fire, you know there isn't a fire, and a stampede occurs resulting in a death, is involuntarily manslaughter.
Punishment for death threats isn't a first amendment violation, but it is usually coercion.
And publishing classified data without authorization is illegal, but it's highly nuanced. It can be considered a first amendment right of the press to publish classified documents in some circumstances, but how they obtained those documents is definitely scrutinized. Then there's always the question of "what is press" nowadays when literally everybody carries their own personal printing press in their pocket.