Let’s Start Here

Short answer: no. Longer answer: still no. https://t.co/bC3GJcYDZ6

— ForbiddenPopehat (@Popehat) November 9, 2021

No, Gosar’s gross and creepy video is not actionable incitement or a true threat. To be outside the First Amendment, incitement must be intended and likely to cause imminent lawless action. This isn’t. MIGHT it inspire a nut? Yes. That’s not enough.

/1

— ForbiddenPopehat (@Popehat) November 9, 2021

/3 At English law, it was treason to imagine or compass the death of the king. Not so here. Imagining, wishing for, even advocating for the death of a political figure is protected speech so long as it’s not incitement or true threat, and so long as it’s not a conspiracy to kill.

— ForbiddenPopehat (@Popehat) November 9, 2021

Okay, now we change the facts but keep the outcome.

Law enforcement has taken little action as backers of Donald Trump aim stark threats at election officials. @Reuters tracked down nine of the harassers. Most were unrepentant https://t.co/QsSTPz5Ut1 pic.twitter.com/Q0EHENktO8

— Reuters (@Reuters) November 9, 2021

After Reuters contacted a man who sent threatening messages to election officials: “He soon grew agitated, peppering two Reuters reporters with 137 texts and voicemails over the past month, threatening the journalists”https://t.co/LydaFiWkOB via @LindaSoReports @jasonszep

— Lawrence Hurley (@lawrencehurley) November 9, 2021

If you read one thing today, check out this Reuters story that looks at the actual people threatening election workers https://t.co/zbSl97I37A pic.twitter.com/u63QjnubVv

— Chris Bing (@Bing_Chris) November 9, 2021

The actions of these nine clowns (among who knows how many others) is reprehensible.  It's also not actionable.  Law enforcement has "taken little action" because there's basically nothing law enforcement can do.  Unless there is a conspiracy that can be shown (not just alleged) between some of these mouth-breathers, or an incitement to violence, or a true threat (did any of them act to carry out their threats? Does anybody really think this guy is going to attack the Reuters' journalist?), there's nothing law enforcement can do.

The problem actually lies with our elected officials, like Gosar and MTG and Madison Cawthorn, who egg these knuckle-draggers on.  Which means, as ever, the problem lies with us, we the people. Maybe we should pay more attention to whom we let into the House of Representatives.

Unless we're going to start locking people up for expressing opinions we don't like (which is precisely what a death threat, alone and by itself, is).  If we're going to do that, we've got to start building a lot more jails.

Ironic, isn't it, how "lock her up!" is offensive, unless it's aimed at the "right" people.