provocative language that could have been perceived as threatening

A year or so a go, commodities trader Vincent McCrudden was arrested for some things he put on a company website and some emails he sent out. The former involved an “execution” list containing the names of 47 financial regulators, which he asked readers to aid him in crossing off (“I need your help,” he wrote. “There are just too many for me alone”). The latter included an email to a CFTC staffer that noted: “You fucking corrupt piece of shit! I have let so many of you fucking corrupt mother fuckers off the hook for doing this to my life. You my friend are not getting away with this. I am going to do this my way now and you, you corrupt mother fucking piece of shit are the first on my list! laugh mother fucker…I am going to make you a test case!” To that end, the chief operating officer of the NFA was told, “It wasn’t ever a question of ‘if’ I was going to kill you, it was just of when.” Were these emails particularly colorful? Yes. Should anyone who received them (or had their name placed on The List) been actually worried about losing his/her life? McCrudden could see how maybe things might have been interpretted that way, but no. As he told a judge, “I wrote provocative language on my website that could have been perceived as threatening. I would never intentionally hurt or cause bodily harm to another human being.” And yet, this is still happening: Read more »