SD Supreme Court: Credible Threats Aren't Protected Speech

Nov 27, 2017

Not all speech is free speech under the First Amendment. For instance, libel, slander, fighting words, and yelling "fire" in a crowded theater are not protected. And neither is speech that conveys a credible threat.

The South Dakota Supreme Court drove that fact home in its recent opinion upholding the conviction of Edward Draskovich. Justices say it's not just the speaker's intent that's at issue. It's also the fear inspired in the listener. SDPB's Victoria Wicks has this report.

The opinion lays out five tests to determine if a threat is credible. To read the opinion, click on the link below.

http://ujs.sd.gov/uploads/sc/opinions/28086r1gs9fv.pdf