1st Amendment question...

Factual Questions
1

There was recently a play here in Brooklyn entitled, “I Wanna Kill the
President” the posters for which included a disclaimer that read something
to the effect that this was a dramatic piece, and not in any way a serious threat.

Which got me wondering, what’s the limit of speech regarding presidential assassination?

I have heard the explanation regarding dangerous speech (such as “fire” in a crowded theatre) but what about speculative, open-ended speech?

Isn’t there a whole new set of laws regarding discussion of presidential assassination?

Like there is in airports? I know joking about hiding a weapon in your pants on the street is not a crime, but the same joke told in an airport is a federal offense.

For example, could I wear a t-shirt, display a poster, or give a public performance of a speech with the following:

“I’m not saying I’m gonna do it,
or planning on doing it,
or thinking about doing it,
or that anyone else should do it.
But if someone were to go all Lee Harvey on our unelected president,
I wouldn’t shed many a tear (might even crack a smile)”

Would this require a disclaimer similar to above?
Was the aforementioned disclaimer even legitimate? Or part of the joke?

I am just wondering what the limit is before the jackboots send you to
Guantanamo.

And yes, I know its in bad taste, etc. etc, isn’t that the point that even odious speech is protected?

The above is just my shot at it (pun definately intended).

Which now makes me think, I am I booking my stay just by posting on the
SDMB?

2

The limits on free speech are what courts say they are.

That covers a lot of ground and many different situations.

In the case of threats to the President, you’re mixing two different sets of laws.

The Secret Service is charged with investigating all threats upon the President’s life (and on that his family members and the Vice President and former Presidents, etc.) If they find that a threat is credible, then the person uttering the threat may be arrested, and thereafter may be punished if found guilty in court. But that is not a free speech violation. Death threats are always punishable by law, no matter who they are against.

It’s just that the Secret Service has specific authorization and a powerful mandate to vigorously investigate. My guess is that they would take a dim view of your tee-shirt.

Context is everything. Always.

3

§2706 Terroristic threats (a) Offense defined.-A person commits the crime of terroristic threats if the person communcates, either directly or indirectly, a threat to: (1) commit any crime of violence with intent to terrorize another; (e) Definition.-As used in this section, the term “communicates” means conveys in person or by written or electronic means, including telephone, electronic mail, Internet, facsimile, telex and similar transmissions. Reference: 2003 PA Crimes Code as amended

IANAL-but feel a statement on a T-shirt conveys ones beliefs/feelings/thoughts and could lead down a hard road if espousing harm to the POTUS.