Freedom of Speech Does Not Permit Making Threats of Violence against the President

A Utah man is facing decades behind bars for repeatedly making threats of violence against the President, something not considered a right under the Freedom of Speech Clause.

Threatening the President

Photo by: Dave Newman

33 year old Travis Luke Dominguez of Midvale, Utah was arrested after calling 911 on numerous occasions and threatening the life of President Trump. Although there is no evidence reportedly linking Dominguez’s threats of violence to any substantial danger as he is known for blowing smoke, he was arrested and tried in federal court for using his words to make threats of violence against the President.

Threats of violence

Utah Code 76-5-107 notes that making threats of violence is illegal if accompanied with “a show of immediate force or violence” or while “act[ing] with intent to place a person in fear of imminent serious bodily injury . . . or death”. If someone threatens another and acts with intent or violence, is a class B misdemeanor punishable by up to six months in jail. Making a threat against the President however, regardless or any accompanying action is considered a class E felony and punishable by up to five years in federal prison according to 18 U.S. Code § 871.

Freedom of (most) speech

Hateful talk towards POTUS is typical nowadays with many voicing their distaste orally or through social media accounts with vicious flare. While sharing negative opinions about the president is a constitutionally given right to any American citizen, knowingly and willfully sending threatening mail or “otherwise mak[ing] any such threat against the President . . . “ is crossing the line. This law that has been adopted into the United States legal system stems from the English Treason Act of 1351 which made it a crime to plan or “imagine” death to a member of the Royal Family. While the Puritans freed themselves from English rule, they somehow chose to keep a law placing an elected citizen on a pedestal much like the King or Queen’s with special contradictions in place to override constitutional rights of the everyday citizens. Residents of the United States are encouraged to choose their free speech carefully when speaking of individuals in high places to avoid criminal charges.