Asked in Internet Law and Communications Law

Q: Is legal to make hate comments?

I was in a chat whose link was published by an Instagram influencer. I got in and started talking, what happened was that one day a boy showed a picture of his pet and I told him that it was very cute and that he should bathe it well, the boy told me that he bathed it every day, I I told him that it was bad for a dog to bathe him every day, then the boy got angry with me until another one arrived (I imagine it was his friend) and they started attacking me until they wished me dead.

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: In the United States, while the First Amendment protects freedom of speech, there are limits. Direct threats, incitement to imminent violence, and certain forms of hate speech can potentially be illegal.

Wishing someone dead might not necessarily be construed as a direct threat, but context is crucial. If the comment was made in a way that a reasonable person would perceive as a genuine and immediate threat, there could be legal implications. Online harassment or cyberbullying can also be subject to state-specific laws.

If you feel threatened or harassed, it's advisable to gather evidence of the interactions and consult with local law enforcement or an attorney. Addressing online threats and understanding the nuances requires consideration of both the specific facts and applicable laws.

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