Legal Question in Criminal Law in New York

threats over the airwaves

What FCC laws are broken and what severity for violent language or suggestive print sugesting murder over TV? Such as "Sniper Wanted" scrolling the screen when a Presidental candidate is shown on a TV show?

Who should prosecute this act?

What are the potential penalties?


Asked on 8/11/00, 4:50 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: threats over the airwaves

A threat against the life of the President of the United States is a federal crime punishable by 5 years imprisonment. This is not an FCC reg, but a provision of the US Code. Such threats are taken seriously by the secret service who are charged with guarding the President, and making such a threat even as a joke can have serious consequences.

Off-hand threats against an average citizen, usually made in anger and without the present means and ability to carry them out, are usually not punished.

The FCC has many regulations directed to the content of particular messages, and although censorship is decried in this country, subtle messages advocating violence against a particular individual or group are usually censored by the FCC and individual broadcasters.

Violent language and suggestive print when not directed at a particular individual, the President or an identifiable group [gays, etc.,] are protected speech under the First Amendment of the United States Constitution.

Tolerating language and ideas which one doesn't agree with, doesn't like, and deems inappropriate is the price for living in a free society.

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Answered on 8/11/00, 10:50 am


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