Legal Question in Legal Ethics in Illinois
I was wondering if this comment
"oh really I'm all talk and no action?! ha well I'm not going to do anything cause I enjoy being on the cheer team but if I wasn't then it would turn bad! you just think your a senior and that you should do everything and be a bitch, end of story!"
would be considered as a threat. My daughter and another girl received this and
"I'm not going to shut up cause I don't have to! I'm not the one starting drama, you are! your the one that had posted a video on kaycee and sasha'ss fb tht has the same song and some moves we have in ours! you get moves off YouTube all the time and we don't post shit about what you want up! so don't even start. because it will not end up pretty!"
on their facebook profile after talking to each other about a video they posted to each other. This is what my daughter posted along with the video.
"Wow this looks familiar! Sasha Whittaker Kaycee Mack"
They never mentioned the other girls name or anything. I have gone to the school because of the comments they make a lot and the school does not feel that it is a threat of any kind. I'm just wondering if it legally is.
1 Answer from Attorneys
It doesn't sound like an "actionable" threat to me. That being said, your daughter should make every effort to take the video down and should limit all contact with the person(s) making these statements. Should they continue to make contact with your daughter notify the authorities both at school and with your local police.