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Threatening the President of the United States


Threatening the President of the United States is a class E felony under United States Code Title 18, Section 871. It consists of knowingly and willfully mailing or otherwise making "any threat to take the life of, to kidnap, or to inflict bodily harm upon the President of the United States". The United States Secret Service investigates suspected violations of this law and monitors those who have a history of threatening the President. Threatening the President is considered a political offense. Immigrants who commit this crime can be deported.

Because the offense consists of pure speech, the courts have issued rulings attempting to balance the government's interest in protecting the President with free speech rights under the First Amendment to the Constitution of the United States. According to the book Stalking, Threatening, and Attacking Public Figures, "Hundreds of celebrity howlers threaten the President of the United States every year, sometimes because they disagree with his policies, but more often just because he is the President."

The prototype for Section 871 was the English Treason Act 1351, which made it a crime to "compass or imagine" the death of the King. Convictions under 18 U.S.C. § 871 have been sustained for declaring that "President Wilson ought to be killed. It is a wonder some one has not done it already. If I had an opportunity, I would do it myself."; and for declaring that "Wilson is a wooden-headed son of a bitch. I wish Wilson was in hell, and if I had the power I would put him there." In a later era, a conviction was sustained for displaying posters urging passersby to "hang [President] Roosevelt".


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