The Fine Line Between Free Speech And Prosecutable Threats

The distinction between free speech and prosecutable threat has become increasingly significant, with organizations understandably questioning what exactly crosses that line. Last year's fatal shooting of a UnitedHealthcare executive and the marked increase in online threats made against other corporate representatives have brought that distinction to the forefront. For corporate executives and in-house counsel, it is important to understand that threatening communications must be specific, unique, and supported by the proof of the speaker's intent to merit a criminal investigation or prosecution.

Free Speech

The First Amendment protects the right of individuals to express opinions, ideas, and beliefs without fear of government censorship. This protection is not absolute. There are exceptions. One key exception is the concept of "true threats."