Targeting Speech and True Threats

Article
Author:Butler, Brandon, LB-Univ Librarian-GeneralUniversity of Virginia ORCID icon orcid.org/0000-0003-0190-6165
Abstract:

This Note defines and discusses a category of crime-related speech that, although tied to grave criminal acts in controversial, high profile cases, has not been characterized clearly or accurately in those cases or in the copious First Amendment literature surrounding them. I call this phenomenon “targeting speech” because the speaker “targets” a victim by naming her or disclosing other personal information about her to an audience whose pre-existing malice the speaker directs at the victim.

Keywords:
first amendment, constitutional law, true threats, speech, criminal law
Language:
English
Publisher:
University of Virginia
Published Date:
Feb. 13, 2021
Notes:

Originally written as a student Note in 2008 (but never published...), I'm sharing this now (without any edits or updates!) because I think it bears some relationship to current events.