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This fact brief was originally published as an experiment to test the concepts behind fact briefs.
Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.

Is it a federal crime to threaten the lives of the president and others in the line of succession?

By Lisa Freedland
YES

Under U.S. law it is a federal crime to “knowingly and willfully” threaten the president, president-elect, vice president or any person in “the order of succession to the office of the President.” Threatening to murder, kidnap or physically harm these individuals is considered a crime under this statute. A person found guilty of such a crime may be fined and/or imprisoned for a maximum of five years.

According to the Department of Justice, “a showing of general threat” is sufficient for this statute to apply, excluding “mere political hyperbole, idle talk, or jest.”

In a 2008 case, a federal appeals court declined to convict a California man who had threatened to kill then-presidential candidate Obama on an online message board, creating a narrower standard for what constitutes a “true threat” in the interest of protecting free speech.

This fact brief is responsive to conversations such as this one.
ABOUT THE CONTRIBUTOR
Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.
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