Potential Threats on Twitter: Protected Speech?

           While watching the World Series, many fans get emotionally swept up in the games. Many people also post their thoughts about the baseball games to social media, such as Twitter. This World Series season has led to the arrest of a St. Louis native whose tweets have been interpreted as bomb threats. Two tweets written by Robert Metzinger led to his arrest. In one, he said, “Putting my loft up for a ridiculous “Boston-only” rate for the #WorldSeries. Pressure cooker sold separately.” In the second, Metzinger tweeted the following: “The #WorldSeries will be another finish line not crossed by #Boston.” In both of these tweets, Metzinger makes reference to the Boston Marathon bombing that took place earlier this year. Because media coverage of the Boston Marathon bombing was so widespread, most citizens reading these tweets would quickly understand what Metzinger is implying when he discusses a “pressure cooker” and a “finish line not crossed.” For these tweets, Robert Metzinger has been arrested and charged with making a terrorist threat.

            While I believe Metzinger’s tweets to be crass and uncalled for, I do not believe he will be convicted for his speech. Because of the nature of Metzinger’s tweets, his speech does not, in my opinion, meet the Brandenburg test. As we discussed earlier this year, in Brandenburg v. Ohio, the Supreme Court ruled that a threat must call for imminent lawless action in order to be unprotected speech. In Metzinger’s tweets, he does not do those things. Metzinger does not directly call or for threaten any specific action; he merely makes jokes in bad humor. It is nearly impossible for me to see a way that Robert Metzinger would be convicted.

            One argument that could be made for Metzinger’s conviction is that terrorist threats of all kinds must be taken seriously during wartime and in light of recent terrorist-caused tragedies. Because the United States is currently involved in countries in the Middle East whose citizens have previously wreaked havoc on the U.S. through terrorism, it is our duty now to take any semblance of a threat seriously. In addition, due to the fact that the Boston Marathon bombing took place very recently and in the home city of the Boston Red Sox, police officials must keep any potential threats at bay. However, in my opinion, Metzinger’s insensitive speech does not qualify as a true threat under the Brandenburg standard. Because of this, I believe Robert Metzinger should not be convicted for his speech.