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The Case Of Shannon Atkins: Free Speech or Illegal Threats Directed Toward President Trump

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Police in West Palm Beach, Florida, arrested local resident Shannon Atkins on January 24, 2025, for allegedly making violent social media threats against President Donald Trump. According to on-line reporting, Atkins is being initially charged with one count of "written or electronic threats to kill, do bodily injury, or conduct a mass shooting or act of terrorism," a second degree felony. There may be other federal charges forthcoming. The content and extent of the threatening posts allegedly made by Atkins are not yet known, and some (including Atkins) are initially taking the position that his comments were not intentional but a joke.


Under Florida law, it is unlawful to send, post, or transmit a writing or other record in any manner in which it may be viewed by another person, when the writing or record makes a threat to kill or do bodily harm to another, or conduct a mass shooting or an act of terrorism. [See Florida Statute, section 836.12]. The question then becomes whether through his alleged posts, Atkins made a threat to kill or do bodily harm to President Trump, or was it merely free speech that was not directed at the President.




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