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re: Upstate NY man receives ICE warning about social media posts

Posted on 7/7/26 at 1:43 pm to
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
140189 posts
Posted on 7/7/26 at 1:43 pm to
quote:

I find the discussion of whether his email rises to unprotected speech far more intriguing.
It's a close call. It certainly comes across as "unhinged."

Does unhinged warrant a wellness check? I think folks could argue that either way. Likewise, if this or other messages are edging close to line, the federal authorities are actually doing him a service in calling it to his attention.

I'm inclined to agree with Decatur though, that if it did rise to the level of an actionable threat, they would've picked him up, and brought him in.
Posted by theballguy
HSV (Dealing only in satire)
Member since Oct 2011
39296 posts
Posted on 7/7/26 at 1:43 pm to
quote:

arguing that officials violated his First Amendment right to speak out against the government,


Depends on what he was saying and who he's saying it against.
Posted by Eurocat
Member since Apr 2004
17415 posts
Posted on 7/7/26 at 1:45 pm to
And where he is saying it.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
140189 posts
Posted on 7/7/26 at 1:46 pm to
quote:

No shite
Hey, while you're here, same question I asked to Bonds ... What is the actual harm driving the suit? What are your thoughts?
Posted by BBONDS25
Member since Mar 2008
60012 posts
Posted on 7/7/26 at 1:46 pm to
quote:

All of your nonsense in this thread just to agree with me


wrong. Nobody was charged with a crime. The administrations warning letter was completely appropriate and reasonable. Your equating that letter with someone being charged is funny.

quote:

I don't have cooties. Its OK for you to just admit you agree with me from the jump and save us all some time


I don’t think the letter was inappropriate. Do you agree?
Posted by BBONDS25
Member since Mar 2008
60012 posts
Posted on 7/7/26 at 1:48 pm to
quote:

But I would be interested in your opinion about the validity of the lawsuit assuming we have complete context on all sides already (I don't think that we do BTW). What is the actual harm driving the suit?


I don’t see the damages. I don’t see negligence. I don’t see the suit doing very well. Maybe he will get a cost of litigation settlement. But he won’t win on the merits.
Posted by Decatur
Member since Mar 2007
32895 posts
Posted on 7/7/26 at 1:48 pm to
I haven’t looked at the lawsuit.
Posted by BBONDS25
Member since Mar 2008
60012 posts
Posted on 7/7/26 at 1:49 pm to
Use your intuition. What damages from receiving the letter?
Posted by onmymedicalgrind
Nunya
Member since Dec 2012
12318 posts
Posted on 7/7/26 at 1:50 pm to
quote:

It's a close call. It certainly comes across as "unhinged."

Does unhinged warrant a wellness check? I think folks could argue that either way. Likewise, if this or other messages are edging close to line, the federal authorities are actually doing him a service in calling it to his attention.

I'm inclined to agree with Decatur though, that if it did rise to the level of an actionable threat, they would've picked him up, and brought him in.


I think it is hyperbolic and provocative political speech that should remain protected. And I think its clear the government agrees, or to your point, he definitely would have been arrested.

I don't view the govt giving him a "warning" as a benevolent act to keep him out of trouble. It wreaks of a way to intimidate without implicating a legal or constitutional issue.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
140189 posts
Posted on 7/7/26 at 1:50 pm to
quote:

I haven’t looked at the lawsuit.

Thanks
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
140189 posts
Posted on 7/7/26 at 1:52 pm to
quote:

It wreaks of a way to intimidate without implicating a legal or constitutional issue.
The same could be said of the original email
Posted by onmymedicalgrind
Nunya
Member since Dec 2012
12318 posts
Posted on 7/7/26 at 1:53 pm to
quote:

wrong. Nobody was charged with a crime. The administrations warning letter was completely appropriate and reasonable. Your equating that letter with someone being charged is funny.


Dude you have to read better. My whole argument from my first post in this thread was that his speech was protected and doesn't constitute a true threat.

....which you finally admitted you agree with

quote:

I don’t think the letter was inappropriate. Do you agree?

I'm not a fan of it. Agree to disagree.
Posted by onmymedicalgrind
Nunya
Member since Dec 2012
12318 posts
Posted on 7/7/26 at 1:55 pm to
quote:

The same could be said of the original email

I think the citizenry deserves wide latitude when it comes to criticizing the government officials who work for us.
Posted by UtahCajun
Member since Jul 2021
6477 posts
Posted on 7/7/26 at 2:05 pm to
quote:

I think the citizenry deserves wide latitude when it comes to criticizing the government officials who work for us.

Far worse is said about government officials right here, on this board.

I sure would not wish to see anyone here visited by LEOs over trash talk.
Posted by Mid Iowa Tiger
Undisclosed Secure Location
Member since Feb 2008
25058 posts
Posted on 7/7/26 at 2:11 pm to
Interesting. I wonder what the full email reads like. I’m betting the parts quoted are just the tip of the iceberg.
Posted by Decatur
Member since Mar 2007
32895 posts
Posted on 7/7/26 at 2:11 pm to
I can see a letter having a chilling effect on protected speech. Could be a First Amendment violation.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
140189 posts
Posted on 7/7/26 at 2:16 pm to
quote:

Far worse is said about government officials right here
Perhaps, assuming we actually know the full content of the message(s) sent. Then again, that's just an assumption. Of course, presumably those "far worse" statements made here are also not emailed to the target's personal account.
Posted by onmymedicalgrind
Nunya
Member since Dec 2012
12318 posts
Posted on 7/7/26 at 2:20 pm to
quote:

I can see a letter having a chilling effect on protected speech. Could be a First Amendment violation.

I think one could make the argument that a reasonable person of ordinary firmness would be deterred from exercising their 1A after being served this "warning letter."

However, I doubt he will have this ruled in his favor.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
140189 posts
Posted on 7/7/26 at 2:22 pm to
quote:

just the tip of the iceberg.
Right. I'll bet it would surprise no one if we find this "gentleman" has a series of "Dear Facebook" posts or other online content that is borderline, to be kind. If so, escalating this as he has, would be really stupid.
Posted by BBONDS25
Member since Mar 2008
60012 posts
Posted on 7/7/26 at 2:25 pm to
quote:

I can see a letter having a chilling effect on protected speech. Could be a First Amendment violation.


The speech already occurred. Are you claiming his damages are that he felt he couldn’t write another email?
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