When Does Student Expression Count as a “True Threat”?
Meanwhile, there is another crucial precedent, besides Tinker, that is also invoked, and often misapplied, by school officials who seek to suppress student speech. It is Watts v. United States — a decision that, like Tinker, was issued in 1969. In Watts, a young man who said “if they ever make me carry a rifle, the first man I want in my sights is L.B.J.” was convicted of a crime. But the court determined that the young man’s statement was mere “political hyperbole,” not a true threat — and was therefore protected by the First Amendment. Then what kind of statement would be a “true threat”? Unfortunately, the Court did not make that clear. Accordingly, lower courts have adopted different “true threat” tests. The Various “True Threat” Tests, and Some Recent “True Threat” Cases In setting out their “true threat” standard, some of these courts focus on a reasonable recipient of the statement: Would that person perceive a true threat? Others focus on how a reasonable speaker should fores
