Interpreting True Threats

    The First Amendment says that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." The first amendment does not condone the government from constraining citizens speech. Freedom of speech is not absolute and certain types of speech can be prohibited or considered outright. Some types of free speech can be more easily constrained compared to others. Furthermore, speech may be more easily regulated depending upon circumstances and location at which it takes place.   

   The First Amendment is split into six established clause:

(1) the right to be free from the governmental establishment of religion 

(2) the right to be free from governmental interference with the practice of religion 

(3) the right to free speech

(4) the right to freedom of the press

(5) the right to assemble peacefully 

(6) the right to petition the government for redress of grievances ~~~. College employees and students retain all of these rights on campus (subject to some permissible limitations). ~~~

    This Friday, The University of North Carolina Asheville campus went under a lockdown after multiple offices reported to the school that they were receiving threatening emails. These emails demanded the removal of a Black Lives Matter mural. During the night, several University officers received emails communicating a direct threat to members of the UNC Asheville community. University Chancellor Nancy J. Cable stated that a “shelter in place” order was issued at the campus on early Friday after the school was targeted “for having a Black Lives Matter mural on campus.”The threats were directed towards both the University but went into full lockdown to further protect students who were involved in designing the mural. "We ask that employees, other than essential personnel, stay away from campus today." 

    Although the threats were anonymous when the situation is changed to be identified, how would this situation be different by looking through the clause lenses of the First Amendment? The first two clauses do not interfere or affect the situation at hand but the third, the right to free speech does. This brings in the laws of a true threat. "A true threat is a statement that is meant to frighten or intimidate one or more specified persons into believing that they will be seriously harmed by the speaker or by someone acting at the speaker’s behest." True threats are a category of speech but are not protected by the First Amendment because the speech can directly impact or harm a person. 

References

Acevedo, N. (2020, October 10). Threats over Black Lives Matter mural prompt lockdown at campus in North Carolina. Retrieved October 12, 2020, from https://www.nbcnews.com/news/us-news/threats-over-black-lives-matter-mural-prompts-lockdown-campus-north-n1242830

Folley, A. (2020, October 11). UNC Asheville campus locked down after threats about Black Lives Matter mural. Retrieved October 12, 2020, from https://thehill.com/homenews/state-watch/520508-unc-campus-locks-down-after-receiving-threats-about-blm-mural

Lunsford, M. (2020, October 09). Students at UNCA on lockdown, 'nervous' after email threats over Black Lives Matter mural. Retrieved October 12, 2020, from https://www.citizen-times.com/story/news/local/2020/10/09/unca-lockdown-after-emailed-threats-over-black-lives-matter-murals/5935656002/