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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.

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Daniel Hall, Miami University

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.”

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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.

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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.

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“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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actors & performers

Hollywood Legend Rob Reiner and Wife Found Dead; Son in Custody

Renowned filmmaker Rob Reiner and his wife, Michele Singer Reiner, were found dead in their Los Angeles home in a reported homicide. Police have arrested their son in connection with the case, and tributes are pouring in.

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Last Updated on December 16, 2025 by Daily News Staff

Portrait of filmmaker Rob Reiner

Director Rob Reiner participates in a discussion following a screening of the film LBJ at the LBJ Presidential Library in Austin, Texas on Saturday October 22, 2016
On Saturday evening October 22, 2016, the LBJ Presidential Library held a sneak peek of Rob Reiner’s new filmÊLBJ, starring Woody Harrelson as the 36th president. The film, which premiered at the Toronto International Film Festival in September, chronicles the life and times of Lyndon Johnson who would inherit the presidency at one of the most fraught moments in American history.
Following the screening, director Rob Reiner, actor Woody Harrelson, and writer Joey Hartstone joined LBJ Library Director Mark Updegrove on stage for a conversation about the film.
LBJ Library photo by Jay Godwin
10/22/2016

Hollywood Legend Rob Reiner and Wife Found Dead; Son in Custody

December 15, 2025

Renowned filmmaker and actor Rob Reiner, 78, and his wife Michele Singer Reiner, 68, were found dead in their Brentwood, Los Angeles home on Sunday, authorities say. Emergency responders were called to the residence Sunday afternoon, where both were discovered with fatal wounds consistent with a stabbing. Police are treating the case as a double homicide. 

Los Angeles police arrested the couple’s 32-year-old son, Nick Reiner, in connection with the deaths. He is being held in custody as investigators continue to piece together the circumstances surrounding the incident. 

Nick Reiner and Rob Reiner at the 2016 Substance Abuse and Mental Health Services Administrations 2016 SAMHSA Voice Awards cropped

2016 SAMHSA Voice Awards

Reiner was one of Hollywood’s most influential figures, known for his work as a director, producer and actor. His career spanned decades, from early television fame to directing beloved films that shaped American cinema. 

Friends, colleagues and public figures have begun sharing tributes and reactions to the news as the investigation is ongoing. 

More details will be updated as they become available.

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Health

FDA’s COVID-19 Vaccine Safety Claims Lack Solid Evidence—Why Overreaction Could Harm Public Health

COVID-19 vaccine safety: The FDA’s claims about COVID-19 vaccine deaths in children lack strong evidence and could restrict vaccine access. Learn why experts say VAERS reports aren’t proof, and how overreacting may harm public health and trust in vaccines.

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FDA’s COVID-19 Vaccine Safety Claims Lack Solid Evidence—Why Overreaction Could Harm Public Health
The FDA has provided no evidence that children died because of receiving a COVID-19 vaccine. Anchiy/E+ via Getty Images

FDA claims on COVID-19 vaccine safety are unsupported by reliable data – and could severely hinder vaccine access

Frank Han, University of Illinois Chicago The Food and Drug Administration is seeking to drastically change procedures for testing vaccine safety and approving vaccines, based on unproven claims that mRNA-based COVID-19 vaccines caused the death of at least 10 children. The agency detailed its plans in a memo released to staff on Nov. 28, 2025, which was obtained by several news outlets and published by The Washington Post. Citing an internal, unpublished review, the memo, written by the agency’s top vaccine regulator, Vinay Prasad, attributes the children’s deaths to myocarditis, an inflammation of the heart muscle. And it says the deaths were reported to the Vaccine Adverse Event Reporting System, or VAERS, but provides no evidence that the vaccines caused the deaths.  

COVID-19 vaccine safety

The death of children due to an unsafe vaccine is a serious allegation. I am a pediatric cardiologist who has studied the link between COVID-19 vaccines and heart-related side effects such as myocarditis in children. To my knowledge, studies to date have shown such side effects are rare, and severe outcomes even more so. However, I am open to new evidence that could change my mind. But without sufficient justification and solid evidence, restricting access to an approved vaccine and changing well-established procedures for testing vaccines would carry serious consequences. These moves would limit access for patients, create roadblocks for companies and worsen distrust in vaccines and public health. In my view, it’s important for people reading about these FDA actions to understand how the evidence on a vaccine’s safety is generally assessed.

Determining cause of death

The FDA memo claims that the deaths of these children were directly related to receiving a COVID-19 immunization. From my perspective as a clinician, it is awful that any child should die from a routine vaccination. However, health professionals like me owe it to the public to uphold the highest possible standards in investigating why these deaths occurred. If the FDA has evidence demonstrating something that national health agencies worldwide have missed – widespread child deaths due to myocarditis caused by the COVID-19 vaccine – I don’t doubt that even the most pro-vaccine physician will listen. So far, however, no such evidence has been presented. While a death logged in VAERS is a starting point, on its own it is insufficient to conclude whether a vaccine caused the death or other medical causes were to blame. To demonstrate a causal link, FDA staff and physicians must align the VAERS report with physicians’ assessments of the patient, as well as data from other sources for monitoring vaccine safety. These include PRISM, which logs insurance claims data, and the Vaccine Safety Datalink, which tracks safety signals in electronic medical records. It’s known that most deaths logged only in VAERS of children who recently received vaccines have been incorrectly attributed to the vaccines – either by accident or in some cases on purpose by anti-vaccine activists.

Heart-related side effects of COVID-19 vaccines

In his Substack and Twitter accounts, Prasad has said that he believes the rate of severe cardiac side effects after COVID-19 vaccination is severely underestimated and that the vaccines should be restricted far more than they currently are. In a July 2025 presentation, Prasad quoted a risk of 27 cases per million of myocarditis in young men who received the COVID-19 vaccine. A 2024 review suggested that number was a bit lower – about 20 cases out of 1 million people. But that same study found that unvaccinated people had greater risk of heart problems after a COVID-19 infection than vaccinated people. In a different study, people who got myocarditis after a COVID-19 vaccination developed fewer complications than people who got myocarditis after a COVID-19 infection. Existing vaccine safety infrastructure in the U.S. successfully identifies dangers posed by vaccines – and did so during the COVID-19 pandemic. Today, most COVID-19 vaccines in the U.S. rely on mRNA technology. But as vaccines were first emerging during the COVID-19 pandemic, two pharmaceutical companies, Janssen and AstraZeneca, rolled out a vaccine that used a different technology, called a viral vector. This type of vaccine had a very rare but genuine safety problem that was detected.
A report in VAERS is at most a first step to determining whether a vaccine caused harm.
VAERS, the Vaccine Safety Datalink, clinical investigators in the U.S. and their European counterparts detected that these vaccines did turn out to cause blood clotting. In April 2021, the FDA formally recommended pausing their use, and they were later pulled from the market. Death due to myocarditis from COVID-19 vaccination is exceedingly rare. Demonstrating that it occurred requires proof that the person had myocarditis, evidence that no other reasonable cause of death was present, and the absence of any additional cause of myocarditis. These factors cannot be determined from VAERS data, however – and to date, the FDA has presented no other relevant data.

A problematic vision for future vaccine approvals

Currently, vaccines are tested both by seeing how well they prevent disease and by how well they generate antibodies, which are the molecules that help your body fight viruses and bacteria. Some vaccines, such as the COVID-19 vaccine and the influenza vaccine, need to be updated based on new strains. The FDA generally approves these updates based on how well the new versions generate antibodies. Since the previous generation of vaccines was already shown to prevent infection, if the new version can generate antibodies like the previous one, researchers assume its ability to prevent infection is comparable too. Later studies can then test how well the vaccines prevent severe disease and hospitalization. The FDA memo says this approach is insufficient and instead argues for replacing such studies with many more placebo-controlled trials – not just for COVID-19 vaccines but also for widely used influenza and pneumonia vaccines. That may seem reasonable theoretically. In practice, however, it is not realistic. Today’s influenza vaccines must be changed every season to reflect mutations to the virus. If the FDA were to require new placebo-controlled trials every year, the vaccine being tested would become obsolete by the time it is approved. This would be a massive waste of time and resources.
A pharmacy with a sign advertising flu shots
Influenza vaccines must be updated for every flu season. Jacob Wackerhausen/iStock via Getty Images Plus
Also, detecting vaccine-related myocarditis at the low rate at which it occurs would have required clinical trials many times larger than the ones that were done to approve COVID-19 mRNA vaccines. This would have cost at least millions of dollars more, and the delay in rolling out vaccines would have also cost lives. Placebo-controlled trials would require comparing people who receive the updated vaccine with people who remain unvaccinated. When an older version of the vaccine is already available, this means purposefully asking people to forgo that vaccine and risk infection for the sake of the trial, a practice that is widely considered unethical. Current scientific practice is that only a brand-new vaccine may be compared against placebo. While suspected vaccine deaths should absolutely be investigated, stopping a vaccine for insufficient reasons can lead to a significant drop in public confidence. That’s why it’s essential to thoroughly and transparently investigate any claims that a vaccine causes harm.

Vaccine vs illness

To accurately gauge a vaccine’s risks, it is also crucial to compare its side effects with the effects of the illness it prevents. For COVID-19, data consistently shows that the disease is clearly more dangerous. From Aug. 1, 2021, to July 31, 2022, more than 800 children in the U.S. died due to COVID-19, but very few deaths from COVID-19 vaccines in children have been been verified worldwide. What’s more, the disease causes many more heart-related side effects than the vaccine does. Meanwhile, extensive evidence shows that COVID-19 vaccination reduces the risk of hospitalization by more than 70% and the risk of severe illness in adolescent children by 79%. Studies also show it dramatically reduces their risk of developing long COVID, a condition in which symptoms such as extreme fatigue or weakness persist more than three months after a COVID-19 infection. Reporting only the vaccines’ risks, and not their benefits, shows just a small part of the picture. Frank Han, Assistant Professor of Pediatric Cardiology, University of Illinois Chicago This article is republished from The Conversation under a Creative Commons license. Read the original article.
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Economy

Tariffs 101: What they are, who pays them, and why they matter now

Learn what tariffs are, who pays them, and why they matter for the U.S. economy. Explore how import taxes impact prices, trade policy, and everyday consumers as the Supreme Court reviews Trump’s global tariffs.

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Last Updated on December 13, 2025 by Daily News Staff

Cargo containers and U.S. Customs officers at a busy port, illustrating the impact of tariffs and trade policy on imported goods.

Tariffs 101: What they are, who pays them, and why they matter now

Kent Jones, Babson College The U.S. Supreme Court is currently reviewing a case to determine whether President Donald Trump’s global tariffs are legal. Until recently, tariffs rarely made headlines. Yet today, they play a major role in U.S. economic policy, affecting the prices of everything from groceries to autos to holiday gifts, as well as the outlook for unemployment, inflation and even recession. I’m an economist who studies trade policy, and I’ve found that many people have questions about tariffs. This primer explains what they are, what effects they have, and why governments impose them.

What are tariffs, and who pays them?

Tariffs are taxes on imports of goods, usually for purposes of protecting particular domestic industries from import competition. When an American business imports goods, U.S. Customs and Border Protection sends it a tariff bill that the company must pay before the merchandise can enter the country. Because tariffs raise costs for U.S. importers, those companies usually pass the expense on to their customers by raising prices. Sometimes, importers choose to absorb part of the tariff’s cost so consumers don’t switch to more affordable competing products. However, firms with low profit margins may risk going out of business if they do that for very long. In general, the longer tariffs are in place, the more likely companies are to pass the costs on to customers. Importers can also ask foreign suppliers to absorb some of the tariff cost by lowering their export price. But exporters don’t have an incentive to do that if they can sell to other countries at a higher price. Studies of Trump’s 2025 tariffs suggest that U.S. consumers and importers are already paying the price, with little evidence that foreign suppliers have borne any of the burden. After six months of the tariffs, importers are absorbing as much as 80% of the cost, which suggests that they believe the tariffs will be temporary. If the Supreme Court allows the Trump tariffs to continue, the burden on consumers will likely increase. While tariffs apply only to imports, they tend to indirectly boost the prices of domestically produced goods, too. That’s because tariffs reduce demand for imports, which in turn increases the demand for substitutes. This allows domestic producers to raise their prices as well.

A brief history of tariffs

The U.S. Constitution assigns all tariff- and tax-making power to Congress. Early in U.S. history, tariffs were used to finance the federal government. Especially after the Civil War, when U.S. manufacturing was growing rapidly, tariffs were used to shield U.S. industries from foreign competition. The introduction of the individual income tax in 1913 displaced tariffs as the main source of U.S. tax revenue. The last major U.S. tariff law was the Smoot-Hawley Tariff Act of 1930, which established an average tariff rate of 20% on all imports by 1933. Those tariffs sparked foreign retaliation and a global trade war during the Great Depression. After World War II, the U.S. led the formation of the General Agreement on Tariffs and Trade, or GATT, which promoted tariff reduction policies as the key to economic stability and growth. As a result, global average tariff rates dropped from around 40% in 1947 to 3.5% in 2024. The U.S. average tariff rate fell to 2.5% that year, while about 60% of all U.S. imports entered duty-free. While Congress is officially responsible for tariffs, it can delegate emergency tariff power to the president for quick action as long as constitutional boundaries are followed. The current Supreme Court case involves Trump’s use of the International Emergency Economic Powers Act, or IEEPA, to unilaterally change all U.S. general tariff rates and duration, country by country, by executive order. The controversy stems from the claim that Trump has overstepped his constitutional authority granted by that act, which does not mention tariffs or specifically authorize the president to impose them.

The pros and cons of tariffs

In my view, though, the bigger question is whether tariffs are good or bad policy. The disastrous experience of the tariff war during the Great Depression led to a broad global consensus favoring freer trade and lower tariffs. Research in economics and political science tends to back up this view, although tariffs have never disappeared as a policy tool, particularly for developing countries with limited sources of tax revenue and the desire to protect their fledgling industries from imports. Yet Trump has resurrected tariffs not only as a protectionist device, but also as a source of government revenue for the world’s largest economy. In fact, Trump insists that tariffs can replace individual income taxes, a view contested by most economists. Most of Trump’s tariffs have a protectionist purpose: to favor domestic industries by raising import prices and shifting demand to domestically produced goods. The aim is to increase domestic output and employment in tariff-protected industries, whose success is presumably more valuable to the economy than the open market allows. The success of this approach depends on labor, capital and long-term investment flowing into protected sectors in ways that improve their efficiency, growth and employment. Critics argue that tariffs come with trade-offs: Favoring one set of industries necessarily disfavors others, and it raises prices for consumers. Manipulating prices and demand results in market inefficiency, as the U.S. economy produces more goods that are less efficiently made and fewer that are more efficiently made. In addition, U.S. tariffs have already resulted in foreign retaliatory trade actions, damaging U.S. exporters. Trump’s tariffs also carry an uncertainty cost because he is constantly threatening, changing, canceling and reinstating them. Companies and financiers tend to invest in protected industries only if tariff levels are predictable. But Trump’s negotiating strategy has involved numerous reversals and new threats, making it difficult for investors to calculate the value of those commitments. One study estimates that such uncertainty has actually reduced U.S. investment by 4.4% in 2025. A major, if underappreciated, cost of Trump’s tariffs is that they have violated U.S. global trade agreements and GATT rules on nondiscrimination and tariff-binding. This has made the U.S. a less reliable trading partner. The U.S. had previously championed this system, which brought stability and cooperation to global trade relations. Now that the U.S. is conducting trade policy through unilateral tariff hikes and antagonistic rhetoric, its trading partners are already beginning to look for new, more stable and growing trade relationships. So what’s next? Trump has vowed to use other emergency tariff measures if the Supreme Court strikes down his IEEPA tariffs. So as long as Congress is unwilling to step in, it’s likely that an aggressive U.S. tariff regime will continue, regardless of the court’s judgment. That means public awareness of tariffs ⁠– and of who pays them and what they change ⁠– will remain crucial for understanding the direction of the U.S. economy. Kent Jones, Professor Emeritus, Economics, Babson College This article is republished from The Conversation under a Creative Commons license. Read the original article.

STM Daily News is a vibrant news blog dedicated to sharing the brighter side of human experiences. Emphasizing positive, uplifting stories, the site focuses on delivering inspiring, informative, and well-researched content. With a commitment to accurate, fair, and responsible journalism, STM Daily News aims to foster a community of readers passionate about positive change and engaged in meaningful conversations. Join the movement and explore stories that celebrate the positive impacts shaping our world.

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