Socratics

Socratic Law Issue 4

Mass Communication Law

09/24/06

A true threat is a real threat to a person’s safety made by another person.

The Supreme Court in “Watts v. United States,” said threats to personal safety are not protected by the constitution. Charging someone falsely with adultery, may cause harm to their reputation, but can also put their safety at risk. This charge could cause the alleged adulterer’s spouse to take violent actions. In this case, the false charge would become a true threat to the defamed person.

Accusing someone’s honesty and integrity can expose that person to threats by others, and can ultimately put that person in danger. This was evident in the case of “Sinclair Refining Co. v. Fuller.” The court said defamation had occurred because “… words were spoken and published with the malicious intent of impeaching appellee’s honesty, integrity, veracity and reputation, and exposed him to public hate, contempt, and ridicule …” (Plopper, p. 17).

Another example of defamatory content becoming a true threat, would be a using a photo caption that identifies a person as a member of a certain organization, when in fact that person is not. Other people that oppose that group might see this and become a threat to that specific person. For example, if you were said to be a member of pro-gay marriage group, when you are not, people that are against gay-marriage might come after you, and become a threat to your safety.