The Internet as a Game Changer: Reevaluating the True Threats Doctrine
Texas Tech Law Review, Vol. 44, p. 183, 2011
15 Pages Posted: 14 Feb 2012
Date Written: 2011
This essay, based on a presentation at the 2011 Criminal Law Symposium: Criminal Law & the First Amendment, held at Texas Tech University School of Law on April 8, 2011, addresses the problem of "true threats," on he internet. This paper argues that the Supreme Court generally overprotects speech as compared to other western democracies, and that the Court should be more concerned than prior cases would suggest with the harm caused by individually-directed threatening speech, especially when such threats are made over the internet. The essay also suggests that the lower courts are in disarray on the subject and need clearer guidance from the Supreme Court on what does and what does not constitute a "true threat."
Keywords: criminal law, true threat, Internet, Supreme Court, free speech, First Amendment, constitutional law, Constitution
JEL Classification: K00, K10, K14, K19
Suggested Citation: Suggested Citation