Thu. Apr 18th, 2024

Watts v. United States (1969) – True-Threat decision

1st Amendment

U.S. Supreme Court

Watts v. United States, 394 U.S. 705 (1969)

Watts v. United States

No. 1107, Misc.

Decided April 21, 1969

394 U.S. 705

Action

Reversed and remanded. Petitioning party received a favorable disposition.

Facts/Syllabus

Watts was convicted of violating a 1917 statute prohibiting any person from “knowingly and willfully … [making] any threat to take the life of or to inflict bodily harm upon the President of the United States”. During a public rally near the Washington Monument, Watts, 18, joined a small group of fellow teens and adolescents to discuss police brutality. He told the others he had been drafted and had to report the following Monday. He reportedly said, “If they ever make me carry a rifle the first man I want to get in my sights is L.B.J.” He added, “They are not going to make me kill my black brothers.” A jury found Watts had committed a felony by knowingly and willfully threatening the President. The United States Court of Appeals for the District of Columbia Circuit affirmed by a two-to-one vote.

Importance of Case

The petitioner’s speech was at most a crude statement of political opposition to the President and did not amount to a threat. A statute criminalizing speech must be weighed against the First Amendment and speech that is truly a threat must be distinguished from protected speech.

Syllabus

Petitioner’s remark during political debate at small public gathering that, if inducted into Army (which he vowed would never occur) and made to carry a rifle “the first man I want to get in my sights is L.B.J.,” held to be crude political hyperbole which, in light of its context and conditional nature, did not constitute a knowing and willful threat against the President within the coverage of 18 U.S.C. § 871(a).

Certiorari granted; 131 U.S.App.D.C. 125, 402 F.2d 676, reversed and remanded.

 

 


Read MORE Below – click the links


We also have the First Amendment Encyclopedia  very comprehensive and encompassing

CURRENT TEST = We also have the TheBrandenburg testfor incitement to violence

We also have the The Incitement to Imminent Lawless Action Test

We also have the True Threats TestVirginia v. Black is most comprehensive Supreme Court definition

We also have the Miller v. California – 3 Prong Obscenity Test (Miller Test) – 1st Amendment 1st

We also have the Obscenity and Pornography ; 1st Amendment

We also have the Watts v. United StatesTrue Threat Test1st Amendment

We also have the Clear and Present Danger Test

We also have the Gravity of the Evil Test

We also have the Miller v. California – 3 Prong Obscenity Test (Miller Test) – 1st Amendment 1st

We also have the Freedom of the Press – Flyers, Newspaper, Leaflets, Peaceful Assembly – 1st Amendment lots of SCOTUS Rulings 

We also have the Insulting letters to politician’s home are constitutionally protected, unless they are ‘true threats’ lots of SCOTUS Rulings 

We also have the Introducing TEXT & EMAIL Digital Evidence in California Courts lots of SCOTUS Rulings 


PEOPLE LYING ON YOU? CAN YOU PROVE IT? IF YES…. THEN YOU ARE IN LUCK!

We also have the Penal Code 118 PC – California Penalty of “Perjury” Law

We also have the Federal Perjury Definition by Law

We also have the Penal Code 132 PC – Offering False Evidence

We also have the California Penal Code 134 PC – Preparing False Evidence

We also have the 118.1 PC – Police Officers Filing False Reports

We also have the Spencer v. Peters – Police Fabrication of Evidence – 14th Amendment

We also have the Penal Code 148.5 PC – Making a False Police Report in California

We also have the  Penal Code 115 PC – Filing a False Document in California 


We also have the  9.3 Section 1983 Claim Against Defendant in Individual Capacity
Elements and Burden of Proof – click here to learn requirements

the CODE ABOVE PROTECTS all US CITIZENS

We also have the 9.32 Particular Rights – Fourteenth Amendment
Interference with Parent / Child Relationship CLICK HERE

the CODE ABOVE PROTECTS all US CITIZENS


the code BELOW PROTECTS ALL CALIFORNIA RESIDENTS from being prevented from enjoying their freedoms

California Civil Code Section 52.1 Interference with exercise or enjoyment of individual rights


Recoverable Damages Under 42 U.S.C. Section 1983 LEARN MORE

Know Your Rights Click Here (must read!)

42 U.S. Code § 1983Civil action for deprivation of rights

18 U.S. Code § 242Deprivation of rights under color of law

18 U.S. Code § 241 – Conspiracy against rights

Suing for MisconductKnow More of Your Rights

Police Misconduct in California – How to Bring a Lawsuit

Recoverable Damages Under 42 U.S.C. Section 1983

Section 1983 LawsuitHow to Bring a Civil Rights Claim

New Supreme Court Ruling makes it easier to sue police

CACI No. 1501. Wrongful Use of Civil Proceedings

Penal Code “995 Motions” in California – Motion to Dismiss



 

Epic SCOTUS Decisions click here


error: Content is protected !!