Threats not protected under free speech laws

The Bonner County Human Rights Task Force believes - as stated in our creed - in the inviolable dignity of each human being. We oppose discrimination, segregation, intimidation, harassment, physical harm, or the denial of equal protection in any form based upon race, color, gender, sexual orientation, or religion. We promote interracial and intercultural understanding; we promote racial and ethnic harmony. We encourage parents and educators to teach fairness, justice, and equality; and we encourage everyone to live these ideals.

In light of these principles, we dispute Mr. Ken Germana's right to post a sign on his property that reads "Free hanging for Obama, Pelosi, Kerry and Sharpton." The sign is festooned with a rope and a noose. Mr. Germana's message is not a political statement, as he claims, but is, we feel, a direct threat.

According to the U.S. Supreme Court, in its 2003 ruling Virginia v. Black, true threats "encompass those statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals. The speaker need not actually intend to carry out the threat."

The court also explained that "intimidation in the constitutionally proscribable sense of the word is a type of true threat, where a speaker directs a threat to a person or group of persons with the intent of placing the victim in fear of bodily harm or death."

Whether Mr. Germana intends to carry out his threat is not relevant; the Human Rights Task Force opposes the expression of violence against any person or group. It seems that neither the Bonner County Sheriff's Office nor the Secret Service are willing to take steps to remove the sign, claiming that they believe Mr. Germana means no harm, that no Idaho laws were violated, that the sign is indeed political in nature. We do not agree: There is a clear distinction between a political statement and a death threat. The former is acceptable, the latter is not.

CHRISTINE HOLBERT

President,

Bonner County Human Rights Task Force