Is verbally threatening the president a crime?
Asked by: Gavin Schoen | Last update: February 8, 2026Score: 5/5 (37 votes)
Yes, verbally threatening the U.S. President is a serious federal crime under 18 U.S.C. § 871, punishable by imprisonment, and it's illegal even if spoken online or in jest, as it's not protected by the First Amendment if a reasonable person would interpret it as a true threat, even without actual intent to carry it out, leading to federal investigation by the Secret Service and potential prosecution.
How do I report someone threatening the president?
If you experience a threat, please contact your local FBI field office (listings available at www.fbi.gov) or submit a tip via 1-800-CALLFBI (or 1-800-225-5324) or via www.fbi.gov/tips. You can also make an anonymous tip to the FBI by phone or online.
What is the punishment for assassinating a President?
Whoever attempts to kill or kidnap any individual designated in subsection (a) of this section shall be punished by imprisonment for any term of years or for life.
Can you charge someone for a verbal threat?
Verbal threats can be illegal if they cause fear of imminent harm or violence. Laws vary by jurisdiction, but generally, the threat must be specific and credible. Context, intent, and the recipient's perception are key factors. If threatened, documenting the incident and reporting to authorities is advisable.
Are threats considered free speech?
Although most speech is constitutionally protected, the First Amendment does not protect particularly dangerous speech. For example, the First Amendment does not protect violent or unlawful conduct, even if it is meant to express an idea, nor does it protect speech that incites imminent violence or lawlessness.
Mansfield man faces prison time for allegedly threatening the president
Is threatening the president free speech?
Threatening the president of the United States is a federal felony under United States Code Title 18, Section 871. It consists of knowingly and willfully mailing or otherwise making "any threat to take the life of, to kidnap, or to inflict bodily harm upon the president of the United States".
What are the 5 limits to freedom of speech?
Five key limits to freedom of speech include incitement to violence, true threats, defamation, obscenity/child pornography, and speech integral to criminal conduct, all of which are generally unprotected because they cause direct harm, incite immediate illegal acts, or involve other serious offenses like fraud or perjury, despite free speech protecting even offensive or unpopular ideas.
Can police do anything about verbal threats?
Police can investigate verbal threats, and if credible, arrest the individual, file criminal charges (misdemeanor or felony), and help the victim get a restraining order, with penalties for the offender including fines, probation, or jail time, depending on the severity and jurisdiction. Key factors for police action are the threat's credibility, whether it implies harm, and specific evidence like recordings or witness accounts.
What evidence is needed for a verbal threat?
Evidence for a verbal threat needs to prove the statement was specific, credible, and caused reasonable fear, typically requiring documentation like audio/video recordings, written messages, witness statements, police reports, and detailed notes (date, time, description) to show context and intent, as legal definitions vary by jurisdiction but generally focus on the threat's seriousness, not just words.
What proof do you need to press charges?
Police need probable cause to charge someone, meaning enough facts for a reasonable person to believe a crime occurred and the suspect committed it, using evidence like witness statements, officer observations, physical evidence (DNA, weapons), digital records (texts, video), or suspect admissions, though the standard for charging is lower than proving guilt at trial.
What are 5 things the President can't do?
The U.S. President cannot make laws, declare war, decide how federal money is spent, interpret laws, or appoint key officials like Cabinet members or Supreme Court Justices without Senate approval, highlighting constitutional limits on executive power through checks and balances with Congress.
Has a US president ever gone to jail?
No U.S. President has ever been jailed, but President Ulysses S. Grant was arrested while in office for speeding in a horse-drawn carriage in 1872, though he was released on bail and later forfeited a bond after not appearing in court. While several presidents faced investigations or impeachment, Grant remains the only sitting president to have been taken into custody, making him the closest a president came to being jailed for a misdemeanor, notes NPR.
What was Obama's death penalty?
On 17 January 2017, three days before leaving office after eight years in the White House, President Barack Obama commuted one military death sentence and one federal death sentence. The prisoner in each case will now serve life imprisonment without the possibility of parole.
Is it a crime to threaten an elected official?
In the State of California, it is illegal to threaten a public official. Doing so in California constitutes a felony or misdemeanor offense, and it can result in significant consequences including collateral consequences.
What is legally classified as a threat?
Legally, a threat is a serious communication or action expressing an intent to inflict unlawful harm (physical, property damage, reputational) on someone, designed to cause fear or coerce action, and often involves a determination to injure now or in the future, though intent to carry it out isn't always required if the communication is a "true threat". Definitions vary slightly by jurisdiction (e.g., California vs. Texas laws), but generally focus on the communication's nature and the reasonable fear it instills, distinguishing it from political hyperbole.
Can you report someone if they threaten you?
Yes, you absolutely can and should report someone for threatening you to the police, especially if you feel in immediate danger (call 911), but you can also file reports with organizations like the FBI or the DOJ for hate crimes or civil rights violations, and consider civil options like restraining orders, documenting everything as evidence.
Can you charge someone for verbal threats?
Yes, you can be charged for verbal threats, but it depends on the threat being specific, credible (meaning the listener reasonably believes it will happen), and causing fear of imminent harm, often leading to charges like criminal threatening, assault (in some states), harassment, or stalking, rather than just "verbal assault," which isn't a formal charge but describes the act. Vague, angry, or conditional outbursts typically aren't criminal, but threats to kill or seriously harm family, made in person, writing, or electronically, usually cross the line.
What will police do about verbal abuse?
Yes, police can act on verbal abuse, but it usually needs to cross a line into specific crimes like threatening violence, stalking, harassment, or disorderly conduct, especially in domestic situations or when it involves hate speech or "fighting words". General insults aren't usually criminal, but threats of harm, property damage, or repeated unwanted contact can lead to arrest, restraining orders, or other charges, even if no physical contact occurs.
Is being verbally aggressive a crime?
In California, verbal abuse is considered a criminal offense.
Is it hard to prove a verbal threat?
If you are charged with making a criminal threat, the state must prove your guilt beyond a reasonable doubt, and in cases that involve speech, that's not always easy. Anyone could be misheard, misunderstood, or wrongly identified as the person who made a criminal threat.
Can you cuss out a cop?
Yes, you generally can cuss at a cop due to First Amendment protections for criticizing government officials, but it's risky because context matters; if your swearing escalates to threats, incites immediate violence ("fighting words"), or is part of other criminal acts like resisting arrest, you can be arrested for disorderly conduct or similar offenses, making legal advice crucial if charged.
What proof do you need for verbal harassment?
Proving verbal harassment involves meticulous documentation (dates, times, exact words, context), gathering corroborating evidence like emails, texts, or screenshots, and potentially securing witness testimony or expert opinions to establish a pattern of unwelcome, intimidating, or abusive conduct, meeting the "preponderance of evidence" (more likely than not) standard in legal settings, especially when supported by digital records showing hostility.
Is the f word protected speech?
Yes, the "f-word" (profanity/obscenity) is generally protected speech under the First Amendment, as the Supreme Court has ruled that offensive or vulgar words alone aren't enough to restrict speech; however, it loses protection if it crosses into unprotected categories like "fighting words" (direct personal insults likely to provoke violence), true threats, or is part of obscenity, though courts have narrowed these exceptions significantly, as seen in the Brandi Levy case where school-related online swearing was protected.
What free speech is not protected?
The following speech may not be protected: Speech that is intended and likely to provoke imminent unlawful action (“incitement”). Statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals (“true threats”).
Does free speech protect threats?
Speech communicating a true threat: While any form of hateful speech may feel threatening, only speech that communicates a serious intent to commit an act of violence against the recipient is no longer protected under the First Amendment.