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Threatening texts targeting minorities after election were vile − but they might not be illegal
Following the election, a surge of hateful texts targeting minorities prompted FBI and state investigations, raising questions about the balance between free speech and potential criminality.
The FBI and police in several states are investigating a wave of hateful texts and emails apparently targeting minorities across the United States following the presidential election.
The anonymously sent messages, which may have numbered up to 500,000, varied in their specific language but had similarly menacing themes. Some referred to recipients as “selected for slavery” and ordered them to a plantation to pick cotton. Others said they’d be picked up for deportation or sent to a reeducation camp.
The threats lacked details on timing, location and the like. Some addressed recipients by name, while others contained no greeting or personal identifier. They seemed to be targeting Black people, immigrants and LGBTQ people but may have been dispatched indiscriminately to a wide swath of Americans.
Information technology experts have expressed confidence that the perpetrators will be identified. Yet it’s not clear to me as a professor of constitutional and criminal law that they can be prosecuted. The First Amendment generally protects free speech, even when it’s heinous.
Free expression rules supreme
Several Supreme Court decisions have established that speech may not be punished just because it is offensive or hateful.
“If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable,” the justices wrote in Texas v. Johnson, a 1989 case that affirmed flag burning is protected expression.
Snyder v. Phelps, a 2010 case involving anti-LGBTQ protesters who carried hateful signs at the funerals of fallen soldiers, strengthened that precedent.
“Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and – as it did here – inflict great pain,” the justices wrote. Nonetheless, they concluded, “We cannot react to that pain by punishing the speaker. As a Nation we have chosen a different course – to protect even hurtful speech.”
Limits to free speech
The Supreme Court has been cautious in recognizing exceptions to the freedom of speech because of its importance to democracy and individual autonomy. Under special circumstances, however, some types of speech can be illegal.
One recognized exception is a “true threat.”
In the 2023 case Counterman v. Colorado, the Supreme Court held that for speech to cross over the true threat line, the speaker must both express an intent to commit violence and recklessly disregard “a substantial risk that his communications would be viewed as threatening violence.”
An example of a true threat under the Counterman case would be for a scorned lover to barrage their ex with messages promising to kill or maim them.
This standard is so new that it has not been tested thoroughly in the lower courts, making predictions risky at best. In my analysis, however, a message mass distributed to thousands of recipients indicating that they had been “selected” to be a slave might not meet the Counterman standard.
Additionally, “slave” is a legal status that hasn’t existed for over 150 years, so the threat to force someone into enslaved labor likely lacks both the peril of physical harm and the plausibility of harmful action. The anonymity of the senders may add to this implausibility.
Courts may also find that the communications didn’t create a “significant” risk that a “reasonable” recipient would feel threatened. An anonymous mass message may be interpreted as spam, or trolling.
Accordingly, the messages probably would not rise to the level of “true threat” exceptions to First Amendment protections.
Other exceptions recognized by the Supreme Court are speech that incites others to imminent lawlessness and “fighting words.”
Yet the November messages didn’t call others to violence, nor were their words likely to provoke it – the two hallmarks of incitement. “Fighting words,” meanwhile, require face-to-face communication that is likely to incite a violent reaction. This did not happen in the November messages, either.
So were any laws broken?
There’s another problem with any legal case against the culprits behind the November messages: What crime would they even be charged with?
The law enforcement officials who’ve pledged to get to the bottom of the matter have expressed outrage and concern, but they have not identified what law they believe was broken.
Ohio Attorney General Dave Yost is an exception.
“Other people have no First Amendment right to your phone, and free speech doesn’t protect telephone harassment,” Yost said in a post on X on Nov. 7 when he opened an inquiry into the hateful texts received by an an unspecified number of Ohioans.
Yost was likely referring to a 2011 Ohio statute that criminalizes telecommunications that are “threatening, intimidating, menacing, coercive, or obscene with the intent to abuse, threaten, or harass the recipient.”
The intersection of telephone harassment and the First Amendment is less clear, in my analysis. Laws vary by state, but illegal harassment and stalking typically involves physical conduct, which is not protected by the First Amendment – for example, repeated unwanted visits to someone’s home or workplace. Continually following someone in a manner intended to cause fear – or which recklessly causes fear or emotional distress – would be another example.
Could a text or email be characterized as conduct rather than speech? That is unsettled law. And where the law is unclear, novel legal strategies can set a new precedent.
If a court were to decide that the act of sending the November messages was “pure conduct,” rather than protected speech, then anti-harassment laws might be used to prosecute the senders.
Private action
Criminal law aside, people are not powerless against vile communications.
Telecommunications companies are free to block messages, both before they are received and in response to customer requests. After the wave of hateful texts in November, many did just that by closing accounts identified as sources of those messages.
If a blocked sender continues to send similar communications to a target, the elements of harassment would be met. A court could determine that to be expressive conduct or simply speech not protected by the First Amendment.
The U.S. draws the boundary widely around free speech because it enables wide, controversial discussions of politics, law and society. In this case, the senders ran up to the line of protected speech but quite possibility didn’t cross it.
“The trouble with fighting for human freedom is that one spends most of one’s time defending scoundrels,” the author H.L. Mencken once said. “For it is against scoundrels that oppressive laws are first aimed, and oppression must be stopped at the beginning if it is to be stopped at all.”
Daniel Hall, Professor of Political Science & Justice and Community Studies, Miami University
This article is republished from The Conversation under a Creative Commons license. Read the original article.
The Bridge is a section of the STM Daily News Blog meant for diversity, offering real news stories about bona fide community efforts to perpetuate a greater good. The purpose of The Bridge is to connect the divides that separate us, fostering understanding and empathy among different groups. By highlighting positive initiatives and inspirational actions, The Bridge aims to create a sense of unity and shared purpose. This section brings to light stories of individuals and organizations working tirelessly to promote inclusivity, equality, and mutual respect. Through these narratives, readers are encouraged to appreciate the richness of diverse perspectives and to participate actively in building stronger, more cohesive communities.
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The Long Track Back
Why Downtown Los Angeles Feels Small Compared to Other Cities
Downtown Los Angeles often feels “small” compared to other U.S. cities, but that’s only part of the story. With some of the tallest buildings west of the Mississippi and skyline clusters spread across the region, LA’s downtown reflects the city’s unique polycentric identity—one that, if combined, could form a true mega downtown.
Last Updated on February 18, 2026 by Daily News Staff
Panorama of Los Angeles from Mount Hollywood – California, United States
When people think of major American cities, they often imagine a bustling, concentrated downtown core filled with skyscrapers. New York has Manhattan, Chicago has the Loop, San Francisco has its Financial District. Los Angeles, by contrast, often leaves visitors surprised: “Is this really downtown?”
The answer is yes—and no.
Downtown LA in Context
Compared to other major cities, Downtown Los Angeles (DTLA) is relatively small as a central business district. For much of the 20th century, strict height restrictions capped most buildings under 150 feet, while cities like Chicago and New York were erecting early skyscrapers. LA’s skyline didn’t really begin to climb until the late 1960s.
But history alone doesn’t explain why DTLA feels different. The real story lies in how Los Angeles grew: not as one unified city center, but as a collection of many hubs.
Downtown Los Angeles
A Polycentric City
Los Angeles is famously decentralized. Hollywood developed around the film industry. Century City rose on former studio land as a business hub. Burbank became a studio and aerospace center. Long Beach grew around the port. The Wilshire Corridor filled with office towers and condos.
Unlike other cities where downtown is the place for work, culture, and finance, Los Angeles spread its energy outward. Freeways and car culture made it easy for businesses and residents to operate outside of downtown. The result is a polycentric metropolis, with multiple “downtowns” rather than one dominant core.
A Resident’s Perspective
As someone who lived in Los Angeles for 28 years, I see DTLA differently. While some outsiders describe it as “small,” the reality is that Downtown Los Angeles is still significant. It has some of the tallest buildings west of the Mississippi River, including the Wilshire Grand Center and the U.S. Bank Tower. Over the last two decades, adaptive reuse projects have transformed old office buildings into lofts, while developments like LA Live, Crypto.com Arena, and the Broad Museum have revitalized the area.
In other words, DTLA is large enough—it just plays a different role than downtowns in other American cities.
View of Westwood, Century City, Beverly Hills, and the Wilshire Corridor.
The “Mega Downtown” That Isn’t
A friend once put it to me with a bit of imagination: “If you could magically pick up all of LA’s skyline clusters—Downtown, Century City, Hollywood, the Wilshire Corridor—and drop them together in one spot, you’d have a mega downtown.”
He’s right. Los Angeles doesn’t lack tall buildings or urban energy—it just spreads them out over a vast area, reflecting the city’s unique history, geography, and culture.
A Downtown That Fits Its City
So, is Downtown LA “small”? Compared to Manhattan or Chicago’s Loop, yes. But judged on its own terms, DTLA is a vibrant hub within a much larger, decentralized metropolis. It’s a downtown that reflects Los Angeles itself: sprawling, diverse, and impossible to fit neatly into the mold of other American cities.
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The Knowledge
Century City: From Hollywood Backlot to Business Hub
Century City, originally part of 20th Century Fox’s backlot, transformed into a prominent business district in Los Angeles during the 1950s amid the decline of cinema. Developer William Zeckendorf envisioned a mixed-use urban center, leading to iconic skyscrapers and establishing the area as a hub for law, finance, and media, blending Hollywood history with modern business.
Before Century City became one of Los Angeles’ premier business districts, it was part of 20th Century Fox’s sprawling backlot, used for filming movies and housing studio operations. By the 1950s, as television rose and movie attendance declined, 20th Century Fox faced financial challenges and decided to sell a portion of its land.
Developer William Zeckendorf envisioned a “city within a city”—a modern, mixed-use urban center with office towers, hotels, and entertainment facilities. Branded Century City, the name paid homage to its studio roots while symbolizing LA’s vision for the future.
The first skyscrapers, including the Gateway West Building, set the tone for the district’s sleek, futuristic skyline. Architects like Welton Becket and Minoru Yamasaki helped shape Century City’s iconic look. Over time, it evolved from Hollywood’s backlot to a corporate and legal hub, attracting law firms, financial institutions, and media companies.
Today, Century City stands as a testament to Los Angeles’ postwar optimism, westward expansion, and multi-centered urban growth—a unique blend of Hollywood history and modern business.
Related STM Daily News Links:
- The Evolution of Los Angeles Public Transportation
- Why Los Angeles Grew Into a Sprawling City
- Downtown Los Angeles: Past, Present, and Future
Dive into “The Knowledge,” where curiosity meets clarity. This playlist, in collaboration with STMDailyNews.com, is designed for viewers who value historical accuracy and insightful learning. Our short videos, ranging from 30 seconds to a minute and a half, make complex subjects easy to grasp in no time. Covering everything from historical events to contemporary processes and entertainment, “The Knowledge” bridges the past with the present. In a world where information is abundant yet often misused, our series aims to guide you through the noise, preserving vital knowledge and truths that shape our lives today. Perfect for curious minds eager to discover the ‘why’ and ‘how’ of everything around us. Subscribe and join in as we explore the facts that matter. https://stmdailynews.com/the-knowledge/
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Community
Local governments provide proof that polarization is not inevitable
Local politics help mitigate national polarization by focusing on concrete issues like infrastructure and community needs rather than divisive symbolic debates. A survey indicates that local officials experience less partisanship, as interpersonal connections foster recognition of shared interests. This suggests that reducing polarization is possible through collaboration and changes in election laws.
Lauren Hall, Rochester Institute of Technology
When it comes to national politics, Americans are fiercely divided across a range of issues, including gun control, election security and vaccines. It’s not new for Republicans and Democrats to be at odds over issues, but things have reached a point where even the idea of compromising appears to be anathema, making it more difficult to solve thorny problems.
But things are much less heated at the local level. A survey of more than 1,400 local officials by the Carnegie Corporation and CivicPulse found that local governments are “largely insulated from the harshest effects of polarization.” Communities with fewer than 50,000 residents proved especially resilient to partisan dysfunction.
Why this difference? As a political scientist, I believe that lessons from the local level not only open a window onto how polarization works but also the dynamics and tools that can help reduce it.
Problems are more concrete
Local governments deal with concrete issues – sometimes literally, when it comes to paving roads and fixing potholes. In general, cities and counties handle day-to-day functions, such as garbage pickup, running schools and enforcing zoning rules. Addressing tangible needs keeps local leaders’ attention fixed on specific problems that call out for specific solutions, not lengthy ideological debates.
By contrast, a lot of national political conflict in the U.S. involves symbolic issues, such as debates about identity and values on topics such as race, abortion and transgender rights. These battles are often divisive, even more so than purely ideological disagreements, because they can activate tribal differences and prove more resistant to compromise.
Such arguments at the national level, or on social media, can lead to wildly inaccurate stereotypes about people with opposing views. Today’s partisans often perceive their opponents as far more extreme than they actually are, or they may stereotype them – imagining that all Republicans are wealthy, evangelical culture warriors, for instance, or conversely being convinced that all Democrats are radical urban activists. In terms of ideology, the median members of both parties, in fact, look similar.
These kinds of misperceptions can fuel hostility.
Local officials, however, live among the human beings they represent, whose complexity defies caricature. Living and interacting in the same communities leads to greater recognition of shared interests and values, according to the Carnegie/CivicPulse survey.
Meaningful interaction with others, including partisans of the opposing party, reduces prejudice about them. Local government provides a natural space where identities overlap.
People are complicated
In national U.S. politics today, large groups of individuals are divided not only by party but a variety of other factors, including race, religion, geography and social networks. When these differences align with ideology, political disagreement can feel like an existential threat.
Such differences are not always as pronounced at the local level. A neighbor who disagrees about property taxes could be the coach of your child’s soccer team. Your fellow school board member might share your concerns about curriculum but vote differently in presidential elections.
These cross-cutting connections remind us that political opponents are not a monolithic enemy but complex individuals. When people discover they have commonalities outside of politics with others holding opposing views, polarization can decrease significantly.
Finally, most local elections are technically nonpartisan. Keeping party labels off ballots allows voters to judge candidates as individuals and not merely as Republicans or Democrats.
National implications
None of this means local politics are utopian.
Like water, polarization tends to run downhill, from the national level to local contests, particularly in major cities where candidates for mayor and other office are more likely to run as partisans. Local governments also see culture war debates, notably in the area of public school instruction.
Nevertheless, the relative partisan calm of local governance suggests that polarization is not inevitable. It emerges from specific conditions that can be altered.
Polarization might be reduced by creating more opportunities for cross-partisan collaboration around concrete problems. Philanthropists and even states might invest in local journalism that covers pragmatic governance rather than partisan conflict. More cities and counties could adopt changes in election law that would de-emphasize party labels where they add little information for voters.
Aside from structural changes, individual Americans can strive to recognize that their neighbors are not the cardboard cutouts they might imagine when thinking about “the other side.” Instead, Americans can recognize that even political opponents are navigating similar landscapes of community, personal challenges and time constraints, with often similar desires to see their roads paved and their children well educated.
The conditions shaping our interactions matter enormously. If conditions change, perhaps less partisan rancor will be the result.
Lauren Hall, Associate professor of Political Science, Rochester Institute of Technology
This article is republished from The Conversation under a Creative Commons license. Read the original article.
The Bridge is a section of the STM Daily News Blog meant for diversity, offering real news stories about bona fide community efforts to perpetuate a greater good. The purpose of The Bridge is to connect the divides that separate us, fostering understanding and empathy among different groups. By highlighting positive initiatives and inspirational actions, The Bridge aims to create a sense of unity and shared purpose. This section brings to light stories of individuals and organizations working tirelessly to promote inclusivity, equality, and mutual respect. Through these narratives, readers are encouraged to appreciate the richness of diverse perspectives and to participate actively in building stronger, more cohesive communities.
https://stmdailynews.com/the-bridge
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