After former President Donald Trump was shot in the ear in an assassination attempt at a campaign rally, some took to social media to joke about the attempt or express remorse that it failed. While many might view these posts in poor taste, they are for the most part legally protected by the First Amendment, according to Northeastern University legal experts.
“Jokes in general are fine,” says Wendy Parmet, Matthews Distinguished University Professor of Law at Northeastern. “But there is a narrow line between what is a joke and when that turns to incitement for violence or even excitement for imminent violence. “There are a lot of jokes that might be in poor taste, that might be offensive, or that might be worrisome to some folks … (but) in general, the court has been very protective of the speech of private citizens, including speech that is deeply offensive and, at times, scary.”
The line of what’s considered an incitement for violence depends on what exactly was said in each situation, Parmet says. And the line for what’s acceptable has changed with the rise of the internet and social media. The Supreme Court is also making new rulings regularly that shift the way we approach free speech, Parmet adds. But wishing ill on someone doesn’t generally cross that line, she says.
