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#truethreat — Public Fediverse posts

Live and recent posts from across the Fediverse tagged #truethreat, aggregated by home.social.

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  1. CW: Clever idea, AI slop, Legal Commentary

    On the same day as the White House Correspondents’ Dinner, the Helluva Boss NSFW short “Barbie’s Bad Day” was released. Then the FBI and DOJ pivoted to indicting Comey for an Instagram post because, according to Trump, mob folk in the movies once used "86" as code for murder. The bare-bones indictment certainly didn't disclose that Comey deleted the post, said he had no idea a 1930s diner code still in daily use today had violent implications, or “apologized” (citation required!) — claimed facts Kash Patel went ahead and described at his press conference, apparently violating grand jury secrecy in the process.

    So while AG Blanche tries to dig himself out of the hole of vindictive prosecution and to wrestle with the “true threat” standard of Elonis v. US (2015); US v. White, (4th Cir. 2016); and Counterman v. Colorado (2023), let’s look at the following AI slop.

    • Quotes are from “Barbie’s Bad Day” and "Mammon's Magnificent Musical Mid-Season Special (ft Fizzarolli)"

    • I know the difference between Barbie Wire and some generic Verosika/Imp/Hot Topic girl — this is AI slop, not the work of a talented artist

    • Obsessive fans will know the actual Asmodeus quote is “Mammon can eat my ass. In a bad way.” but the “but” is necessary to capture the duality of meaning to the average person on the street.

    • And duality of meaning is just one of the many, many reasons this Comey indictment needs to be mocked rather than being respected as administration of justice.

    #JamesComey #DonaldTrump #CriminalIndictment #Indictment #TrueThreat #Law #GrandJury #KashPatel #ToddBlanche #HelluvaBoss #HotTopic

  2. CW: Clever idea, AI slop, Legal Commentary

    On the same day as the White House Correspondents’ Dinner, the Helluva Boss NSFW short “Barbie’s Bad Day” was released. Then the FBI and DOJ pivoted to indicting Comey for an Instagram post because, according to Trump, mob folk in the movies once used "86" as code for murder. The bare-bones indictment certainly didn't disclose that Comey deleted the post, said he had no idea a 1930s diner code still in daily use today had violent implications, or “apologized” (citation required!) — claimed facts Kash Patel went ahead and described at his press conference, apparently violating grand jury secrecy in the process.

    So while AG Blanche tries to dig himself out of the hole of vindictive prosecution and to wrestle with the “true threat” standard of Elonis v. US (2015); US v. White, (4th Cir. 2016); and Counterman v. Colorado (2023), let’s look at the following AI slop.

    • Quotes are from “Barbie’s Bad Day” and "Mammon's Magnificent Musical Mid-Season Special (ft Fizzarolli)"

    • I know the difference between Barbie Wire and some generic Verosika/Imp/Hot Topic girl — this is AI slop, not the work of a talented artist

    • Obsessive fans will know the actual Asmodeus quote is “Mammon can eat my ass. In a bad way.” but the “but” is necessary to capture the duality of meaning to the average person on the street.

    • And duality of meaning is just one of the many, many reasons this Comey indictment needs to be mocked rather than being respected as administration of justice.

    #JamesComey #DonaldTrump #CriminalIndictment #Indictment #TrueThreat #Law #GrandJury #KashPatel #ToddBlanche #HelluvaBoss #HotTopic

  3. CW: Clever idea, AI slop, Legal Commentary

    On the same day as the White House Correspondents’ Dinner, the Helluva Boss NSFW short “Barbie’s Bad Day” was released. Then the FBI and DOJ pivoted to indicting Comey for an Instagram post because, according to Trump, mob folk in the movies once used "86" as code for murder. The bare-bones indictment certainly didn't disclose that Comey deleted the post, said he had no idea a 1930s diner code still in daily use today had violent implications, or “apologized” (citation required!) — claimed facts Kash Patel went ahead and described at his press conference, apparently violating grand jury secrecy in the process.

    So while AG Blanche tries to dig himself out of the hole of vindictive prosecution and to wrestle with the “true threat” standard of Elonis v. US (2015); US v. White, (4th Cir. 2016); and Counterman v. Colorado (2023), let’s look at the following AI slop.

    • Quotes are from “Barbie’s Bad Day” and "Mammon's Magnificent Musical Mid-Season Special (ft Fizzarolli)"

    • I know the difference between Barbie Wire and some generic Verosika/Imp/Hot Topic girl — this is AI slop, not the work of a talented artist

    • Obsessive fans will know the actual Asmodeus quote is “Mammon can eat my ass. In a bad way.” but the “but” is necessary to capture the duality of meaning to the average person on the street.

    • And duality of meaning is just one of the many, many reasons this Comey indictment needs to be mocked rather than being respected as administration of justice.

    #JamesComey #DonaldTrump #CriminalIndictment #Indictment #TrueThreat #Law #GrandJury #KashPatel #ToddBlanche #HelluvaBoss #HotTopic

  4. The Court decided on recklessness.

    What exactly does recklessness entail? According to #Counterman, "in the threats context, it means the speaker is aware that others could regard his statements as threatening violence and delivers them anyway."

    Kagan notes: "reckless defendants have done more than make a bad mistake. They have consciously accpeted a substantial risk of inflicting serious harm."

    #SCOTUS #SupremeCourt #TrueThreat #speech #FreeSpeech #law #lawFedi #lawFed #FediLaw

  5. The Court decided on recklessness.

    What exactly does recklessness entail? According to #Counterman, "in the threats context, it means the speaker is aware that others could regard his statements as threatening violence and delivers them anyway."

    Kagan notes: "reckless defendants have done more than make a bad mistake. They have consciously accpeted a substantial risk of inflicting serious harm."

    #SCOTUS #SupremeCourt #TrueThreat #speech #FreeSpeech #law #lawFedi #lawFed #FediLaw

  6. The Court decided on recklessness.

    What exactly does recklessness entail? According to #Counterman, "in the threats context, it means the speaker is aware that others could regard his statements as threatening violence and delivers them anyway."

    Kagan notes: "reckless defendants have done more than make a bad mistake. They have consciously accpeted a substantial risk of inflicting serious harm."

    #SCOTUS #SupremeCourt #TrueThreat #speech #FreeSpeech #law #lawFedi #lawFed #FediLaw

  7. On the other, too high a standard of subjective intent for a true threat unprotected by the Free Speech Clause would allow speakers to terrify their targets and claim lack of sufficent proof that they intended or knew that speech was threatening.

    #SCOTUS #SupremeCourt #FreeSpeech #Speech #FirstAmendment #TrueThreat #Counterman #law #FediLaw #LawFedi

  8. On the other, too high a standard of subjective intent for a true threat unprotected by the Free Speech Clause would allow speakers to terrify their targets and claim lack of sufficent proof that they intended or knew that speech was threatening.

    #SCOTUS #SupremeCourt #FreeSpeech #Speech #FirstAmendment #TrueThreat #Counterman #law #FediLaw #LawFedi

  9. On the other, too high a standard of subjective intent for a true threat unprotected by the Free Speech Clause would allow speakers to terrify their targets and claim lack of sufficent proof that they intended or knew that speech was threatening.

    #SCOTUS #SupremeCourt #FreeSpeech #Speech #FirstAmendment #TrueThreat #Counterman #law #FediLaw #LawFedi

  10. In #Counterman, #SupremeCourt had to balance the risk of chilling useful speech against the risk of letting people terrify & intimidate others w/o consequences

    On the one hand, the lack of a subjective requirement for a true threat might chill speech that was rhetorical or joking or art bc speakers could not be sure what a court would conclude about reasonableness and stay silent

    #SCOTUS #SupremeCourt #FreeSpeech #Speech #FirstAmendment #TrueThreat #Counterman #law #FediLaw #LawFedi

  11. In #Counterman, #SupremeCourt had to balance the risk of chilling useful speech against the risk of letting people terrify & intimidate others w/o consequences

    On the one hand, the lack of a subjective requirement for a true threat might chill speech that was rhetorical or joking or art bc speakers could not be sure what a court would conclude about reasonableness and stay silent

    #SCOTUS #SupremeCourt #FreeSpeech #Speech #FirstAmendment #TrueThreat #Counterman #law #FediLaw #LawFedi

  12. In #Counterman, #SupremeCourt had to balance the risk of chilling useful speech against the risk of letting people terrify & intimidate others w/o consequences

    On the one hand, the lack of a subjective requirement for a true threat might chill speech that was rhetorical or joking or art bc speakers could not be sure what a court would conclude about reasonableness and stay silent

    #SCOTUS #SupremeCourt #FreeSpeech #Speech #FirstAmendment #TrueThreat #Counterman #law #FediLaw #LawFedi

  13. Second #SCOTUS ruling is Counterman v. Colorado

    Kagan writing for 7-2 Court

    Speaker must have some subjective understanding that speech was threatening in order to count as a true threat, but need only be recklessness

    Here is the link: supremecourt.gov/opinions/22pd

    #SupremeCourt #law #LawFedi #FediLaw #speech #trueThreat #FreeSpeech #FirstAmendment

  14. Second #SCOTUS ruling is Counterman v. Colorado

    Kagan writing for 7-2 Court

    Speaker must have some subjective understanding that speech was threatening in order to count as a true threat, but need only be recklessness

    Here is the link: supremecourt.gov/opinions/22pd

    #SupremeCourt #law #LawFedi #FediLaw #speech #trueThreat #FreeSpeech #FirstAmendment

  15. Second #SCOTUS ruling is Counterman v. Colorado

    Kagan writing for 7-2 Court

    Speaker must have some subjective understanding that speech was threatening in order to count as a true threat, but need only be recklessness

    Here is the link: supremecourt.gov/opinions/22pd

    #SupremeCourt #law #LawFedi #FediLaw #speech #trueThreat #FreeSpeech #FirstAmendment

  16. Second #SCOTUS ruling is Counterman v. Colorado

    Kagan writing for 7-2 Court

    Speaker must have some subjective understanding that speech was threatening in order to count as a true threat, but need only be recklessness

    Here is the link: supremecourt.gov/opinions/22pd

    #SupremeCourt #law #LawFedi #FediLaw #speech #trueThreat #FreeSpeech #FirstAmendment

  17. 2. Groff v. DeJoy: What counts as an “undue hardship” under Title VII’s requirement that employers accommodate employees religion unless it imposes an undue hardship.

    3. Counterman v. Colorado: what kind of an intent must a speaker have for their speech to qualify as a true threat unprotected by the First Amendment Free Speech Clause

    #SupremeCourt #equality #truethreat #unduehardship #freeSpeech #religion #Sabbath #FirstAmendment #speech #religion

  18. 2. Groff v. DeJoy: What counts as an “undue hardship” under Title VII’s requirement that employers accommodate employees religion unless it imposes an undue hardship.

    3. Counterman v. Colorado: what kind of an intent must a speaker have for their speech to qualify as a true threat unprotected by the First Amendment Free Speech Clause

    #SupremeCourt #equality #truethreat #unduehardship #freeSpeech #religion #Sabbath #FirstAmendment #speech #religion

  19. 2. Groff v. DeJoy: What counts as an “undue hardship” under Title VII’s requirement that employers accommodate employees religion unless it imposes an undue hardship.

    3. Counterman v. Colorado: what kind of an intent must a speaker have for their speech to qualify as a true threat unprotected by the First Amendment Free Speech Clause

    #SupremeCourt #equality #truethreat #unduehardship #freeSpeech #religion #Sabbath #FirstAmendment #speech #religion

  20. The added twist in Counterman v. Colorado is that the Supreme Court has adopted an orginalist approach to unprotected categories of speech, arguing an unprotected category must date to the founding to be unprotected.

    #FediLaw #LawFedi #law #LawProf #orginalism #freespeech #speech #FirstAmendment #TrueThreat #SCOTUS #SupremeCourt

  21. The added twist in Counterman v. Colorado is that the Supreme Court has adopted an orginalist approach to unprotected categories of speech, arguing an unprotected category must date to the founding to be unprotected.

    #FediLaw #LawFedi #law #LawProf #orginalism #freespeech #speech #FirstAmendment #TrueThreat #SCOTUS #SupremeCourt

  22. The added twist in Counterman v. Colorado is that the Supreme Court has adopted an orginalist approach to unprotected categories of speech, arguing an unprotected category must date to the founding to be unprotected.

    #FediLaw #LawFedi #law #LawProf #orginalism #freespeech #speech #FirstAmendment #TrueThreat #SCOTUS #SupremeCourt

  23. Note there are different levels of intent: specific intent, knowledge, recklessness

    Did he intend to frighten his target (specific intent)

    or know full well that his comments would terrify (knowledge) or

    suspected that they would but said them anyway (recklessness).

    #LawFedi #FediLaw #law #lawprof #FreeSpeech Speech #TrueThreat #FirstAmendment

  24. Note there are different levels of intent: specific intent, knowledge, recklessness

    Did he intend to frighten his target (specific intent)

    or know full well that his comments would terrify (knowledge) or

    suspected that they would but said them anyway (recklessness).

    #LawFedi #FediLaw #law #lawprof #FreeSpeech Speech #TrueThreat #FirstAmendment

  25. Note there are different levels of intent: specific intent, knowledge, recklessness

    Did he intend to frighten his target (specific intent)

    or know full well that his comments would terrify (knowledge) or

    suspected that they would but said them anyway (recklessness).

    #LawFedi #FediLaw #law #lawprof #FreeSpeech Speech #TrueThreat #FirstAmendment

  26. The last set of regularly scheduled #SCOTUS arguments this term start next week. Highlights include an important #TitleVII religious accommodation case and what is a #TrueThreat in the social media context (plus a foreclosure #TakingsClause case that has a lot of attention). profzwolfe.com/2023/04/12/apri

  27. The last set of regularly scheduled #SCOTUS arguments this term start next week. Highlights include an important #TitleVII religious accommodation case and what is a #TrueThreat in the social media context (plus a foreclosure #TakingsClause case that has a lot of attention). profzwolfe.com/2023/04/12/apri