News
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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Daily News
LA Metro Rail Ridership Climbs 10% in October, but Bus Boardings Slip
LA Metro recorded 28.1 million boardings in October 2026. Rail ridership increased 10.1% from a year earlier, while bus boardings declined approximately 1.1%.
LOS ANGELES — LA Metro’s October 2026 ridership figures show that the agency’s rail network continued to gain passengers even as bus use declined slightly.
Metro recorded 28,094,014 total boardings during October, approximately 1.4% more than in October 2025. The modest systemwide increase masks a widening difference between the agency’s two principal modes.
Rail lines carried 6,965,472 passengers, an increase of about 10.1% year over year. Average weekday rail ridership rose even faster, climbing 13.4% from 216,796 boardings in October 2025 to 245,864 in October 2026. Average Saturday rail use increased 0.5%, while Sunday ridership rose 4.8%.
Bus ridership moved in the opposite direction. Metro buses recorded 21,128,542 boardings, approximately 1.1% fewer than a year earlier. Because buses still account for roughly three-quarters of Metro trips, that decline limited overall system growth despite the strong rail performance.
The October results extend a rail rebound reported in September, when Metro recorded 6.70 million rail trips and a 12.4% year-over-year increase. Metro attributed much of September’s growth to expanded rail access, including the first section of the D Line extension, which opened three stations at Wilshire/La Brea, Wilshire/Fairfax and Wilshire/La Cienega in May.
October averaged 1,008,485 systemwide weekday boardings, 3.2% above the October 2025 average. Saturday ridership declined slightly, while Sunday ridership was nearly unchanged.
The numbers suggest that Metro’s recent rail investments are attracting riders, but they also raise a question for the region’s transit recovery: why is bus ridership no longer growing at the same pace? Bus speed, service reliability and changing travel patterns will be important measures to watch as Metro builds new bus-priority projects and prepares for the 2028 Olympic and Paralympic Games.
Metro’s figures are estimates published through its interactive ridership dashboard.
Sources
● LA Metro Interactive Ridership Dashboard
● Metro’s September 2026 ridership report
Community
4 Ways to Preserve Veterans’ Stories for Future Generations
Family stories, photographs, letters and memories all have a place in the broader story of humanity, but if they aren’t recorded and preserved, they can fade over time. Consider these ways to help the veterans in your life preserve their stories and leave their mark on history. Preserve Veterans’ Stories for Future Generations
4 Ways to Preserve Veterans’ Stories for Future Generations
(Feature Impact) History is built from stories and memories, which is why it’s important to listen to the people who were there as the world changed. Family stories, photographs, letters and memories all have a place in the broader story of humanity, but if they aren’t recorded and preserved, they can fade over time.
Because more than 70 years have passed since the Korean War ended, opportunities to hear firsthand accounts from earlier conflicts grow fewer as time passes. Veterans and their families may be able to help record stories and lessons from “The Forgotten War” that might otherwise be lost.
You don’t need to be a historian to help preserve your loved ones’ memories and experiences. Programs like the Library of Congress Veterans History Project are dedicated to collecting stories from people like Private First Class Robert Lawrence Barber, who wrote regular letters home to his mother while serving in Korea. They paint a harrowing picture of combat, exhaustion, cold, fatigue and the stark realities of war that should never be forgotten. Experiences away from combat can be equally revealing, from daily routines and friendships to unexpected challenges.
Consider these ways to help the veterans in your life preserve their stories and leave their mark on history.
Start the Conversation Now
When it comes to recording memories, time is of the essence, especially for those who served in Korea. Decades may have passed, but each day makes a difference. Sit down with your loved one and gently start the conversation. You don’t have to get the entire backstory at once, but you can begin asking questions about their military experience and give them time to gather their thoughts.
Record Their Story
How a story is told can add dimension to the story itself. An audio or video recording preserves your loved one’s voice, expressions and emotions along with their words, giving your family memories to look back on for generations. Choose a quiet, comfortable space and test the equipment before recording.
Consider Preserving the Story Beyond Your Family
Family stories are most meaningful to those who know and love the storyteller, but they also matter to the world. Sharing veterans’ stories – including difficulties and ordinary moments – offers others a firsthand view of military life. Libraries and oral history archives may be able to preserve qualifying material for a wider audience.
“We want all stories, not just those from the foxhole or the battlefronts, but from all veterans who served the United States in uniform,” said Monica Mohindra, director of the Veterans History Project. “What did they hear? What did they see? What did it mean to them?”
If you have oral history interviews, and/or original photographs, letters or other records, consider contributing them to be archived and made accessible to future generations. Staff members are available to help you curate and select physical materials to contribute to the nation’s library.
Give Old Photos and Letters Context
Brush the dust off those old photo albums, scrapbooks and memory boxes because they may contain tangible pieces of history. A photograph, letter or piece of memorabilia could be what a veteran needs to bring fuzzy memories back into focus – whether it’s seeing the face of an old comrade or reading a letter written home. That gives you the opportunity to hear new stories and fill in context.
Learn more, discover veterans’ histories and find instructions for contributing veterans’ stories at loc.gov/vets.
Photo courtesy of Shutterstock (man looking at photo album)
Photo courtesy of the Library of Congress (group of soldiers)
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Library of Congress Veterans History Project
Community
5 Meaningful Ways to Make a Difference This Holiday Season
Make a Difference This Holiday Season: Hunger relief is often top of mind during the holidays, and there are many ways to make a meaningful difference. Consider these ideas.
5 Meaningful Ways to Make a Difference This Holiday Season
(Feature Impact) The holiday season brings people together and often inspires them to think about how they can support others. Yet for many families, this time of year can bring added pressure as they balance the cost of food and other everyday essentials.
According to Feeding America’s latest Map the Meal Gap study, published in 2026, nearly 48 million people in the United States, including 14 million children, experience food insecurity.
Hunger relief is often top of mind during the holidays, and there are many ways to make a meaningful difference. Each year, Charles Schwab employees come together through Season of Giving to support local nonprofits and help make the holidays brighter for those in need.
Consider these ideas from Charles Schwab Foundation, a nonprofit dedicated to advancing financial literacy and strengthening communities.
Give What’s Needed Most
When giving to a local food bank, pantry or other nonprofit, start by finding out what the organization needs most. Many organizations share lists of priority items, while monetary donations can give them flexibility to direct resources where they will have the greatest impact. A little planning can help make every contribution count.
Turn Giving Into a Group Activity
Invite family, friends, neighbors or coworkers to get involved with you. Organizing a donation drive, packing meals or volunteering together can multiply the impact while creating a meaningful way to connect during the holiday season.
Share Your Time and Talents
There are many ways to contribute beyond making a donation. Consider volunteering your time or putting your skills to use for an organization that could benefit from them. From sorting donations and packing meals to helping with special events or administrative projects, your time and expertise can make a meaningful impact.
Support Organizations in Your Own Community
The holidays are an opportunity to learn more about the organizations serving your neighbors every day. Look for local nonprofits addressing needs that matter to you, whether that is hunger, housing, education or another community priority. Supporting organizations close to home can help strengthen the networks people rely on throughout the year.
Keep Giving Beyond the Holidays
The spirit of giving doesn’t have to end when the holiday season is over. Consider turning a one-time contribution into an ongoing commitment, whether by volunteering periodically, making recurring donations or continuing to support an organization with a mission that resonates with you.
Learn more about the work being done to advance financial literacy and strengthen communities at schwabmoneywise.com/foundation.
Photo courtesy of Shutterstock
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