Hate Speech And Threats On The Internet

In United States v. Kammersell, the Tenth Circuit Court of Appeals evaluated an electronic mail threat and whether or not federal jurisdiction was proper. The court in this case evaluated an outdated statute, 18 U.S.C. Section 875(c) which criminalized transmitting a threatening communication in interstate commerce. The court determined that it was not relevant whether or not this event occurred by eletronic mail or by AOL's "instant message" service and that the telephone lines are in interstate commerce.

The following questions have been addressed in this article:

How Can Electronic Transmissions That Do Not Involve Commercial Activity Constitute Interstate Commerce?


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