Recently, an LSU student was arrested after making a joke on X (formerly known as Twitter)  about killing the governor. Was this joke in poor taste? Absolutely. Even though I’m not a big fan of Jeff Landry, political violence is never the answer. I do not wish harm on Landry, and I condemn anyone who threatens another person, regardless of their political status.

However, what strikes me most is that the First Amendment of the Constitution never mentions a clause about violent speech. It never mentions how the First Amendment can be temporarily suspended in favor of civil protection. The plaintext of the First Amendment reads:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

What I noticed from the plaintext is that it’s against the Constitution to make a law prohibiting free speech. Still, according to the Louisiana revised statute 14:122, public intimidation is illegal. Public intimidation is the act of threatening violence against a public official. If we were to read the Constitution from a purely literal perspective, this law would be illegal.

So, what does the free speech clause of the First Amendment guarantee you? Quite a lot, actually. If you’re on public property, and as long as you don’t break any other laws in the process, you can say anything, and it wouldn’t be illegal. Albeit, there are a few caveats to your free speech.

The common caveat mentioned about free speech is the fact that you can’t yell “fire” in a crowded theater. Technically, you can yell “fire” in a theater, and you wouldn’t be in trouble for the words you said, but you’d be responsible for the consequences of your words. If there was no fire, and you yelled “fire,” you’ll likely get a disorderly conduct charge. But if people die, as seen in the Shiloh Baptist Church stampede, you could be potentially charged with murder.

Another law that exists that can limit free speech is disturbing the peace. According to Louisiana Revised Statutes 14:103, Disturbing the peace is basically being a nuisance to someone on purpose with the sole purpose of being a nuisance. While I can technically say whatever I want to somebody, if I’m bothering them or being aggressive to them, it then becomes a crime.

All this to say, the First Amendment’s free speech clause does protect you from saying whatever you want; however, it does not free you from the consequences of your words. What the student said is not covered under the First Amendment due to the threatening nature of the words stated. 

An argument could be made that what she said wasn’t a “credible threat” due to the fact that it was done over a social media platform. I can see a point in that argument, but in a case like this, wherein the accused threatens the Governor of Louisiana, all threats are credible.

Andrew Sarhan is an 18-year-old mass communication freshman from Baton Rouge, La.