Freedom of Express is protected by the First Amendment of US Constitution

Opinion | Michelle Carter Didn’t Kill With a Text

Convicting the 20-year-old of involuntary manslaughter could have serious implications for free speech.

NYTIMES.COM

In either case, Ms. Carter’s conduct was morally reprehensible. But — at least until today’s ruling — it was clearly legal. While some states criminalize the act of convincing people to commit suicide, Massachusetts has no such law. Moreover, speech that is reckless, hateful and ill-willed nevertheless enjoys First Amendment protection. While the Supreme Court has carved out narrowly tailored exceptions for literal threats of violence and incitement to lawless action, telling someone they should kill themselves is not the same as holding a gun to their head and pulling the trigger. Nor is it akin to threatening to kill the president, which is specifically prohibited by law — and in any case, only considered a felony if done ”knowingly and willfully.” (Merely expressing hope that the president dies isn’t enough.)