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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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jobs help wanted
Ghost Jobs: The Hidden Hiring Trend Affecting Millions of Job Seekers
Ghost jobs are becoming a growing concern for job seekers. Learn what they are, why companies post them, and how they affect hiring, the economy, and your job search.
Why You Keep Applying—But Never Hear Back
If you’ve ever spent hours tailoring your résumé for a position only to hear nothing in return, you may have encountered what’s known as a ghost job.
A ghost job is a job posting that appears active but isn’t currently being filled. While not every old or inactive listing is intentionally misleading, many remain online long after hiring has paused—or even after the position has already been filled.
The result is growing frustration among job seekers and increasing questions about the accuracy of employment data.
What Exactly Is a Ghost Job?
A ghost job is an advertised position where an employer has little or no immediate intention of hiring someone.
This doesn’t necessarily mean the company is acting maliciously. There are several reasons these listings exist.
Companies may:
- Build a database of future candidates
- Test salary expectations and available talent
- Comply with internal hiring policies
- Maintain the appearance of growth
- Delay removing listings after a hiring freeze or filled position
For applicants, however, the experience is often the same: applications disappear into a black hole.
Why Companies Post Ghost Jobs
Some employers say maintaining job listings helps them prepare for future growth.
Others keep positions open because budgets haven’t been finalized or executive approval hasn’t been granted.
Recruiters may also continue collecting résumés so they’re ready when a position eventually opens.
While these reasons may make business sense, they can create unrealistic expectations for applicants actively searching for work.
The Impact on Job Seekers
Ghost jobs can have real consequences.
Many applicants spend dozens of hours:
- Researching companies
- Customizing résumés
- Writing cover letters
- Completing assessments
- Participating in interviews that never lead anywhere
The emotional toll can be significant.
Repeated silence often leaves qualified workers questioning their experience or abilities when the issue may simply be that the position was never actively available.
How Ghost Jobs Affect the Economy
The effects extend beyond individual applicants.
Employment Data Can Be Misleading
Job openings are often viewed as a sign of economic strength.
If a significant share of posted openings aren’t being actively filled, the labor market may appear stronger than it actually is.
That can influence:
- Business confidence
- Consumer confidence
- Economic forecasts
- Public policy discussions
Productivity Suffers
Job seekers spend valuable time applying for positions that may never result in interviews.
Recruiters also spend time managing applications for jobs that aren’t immediately available.
Those inefficiencies create costs for both workers and employers.
Hiring Becomes Less Efficient
When applicants lose trust in job boards, they’re less likely to apply broadly.
Companies with legitimate openings may receive fewer qualified applicants because candidates become skeptical of online listings.
Are Ghost Jobs Illegal?
Generally, no.
In most cases, employers are legally allowed to advertise positions even if they’re not hiring immediately.
However, critics argue that intentionally leaving inactive jobs online without updating their status reduces transparency and wastes applicants’ time.
Some employment experts have called for greater accountability and clearer labeling of inactive or future hiring opportunities.
How to Spot a Ghost Job
While there’s no foolproof method, these warning signs may indicate a listing isn’t actively being filled:
- The same position has been reposted for months.
- The posting never disappears.
- Employees report hiring freezes.
- The company rarely responds to applicants.
- The job description is vague or unusually generic.
Tips for Job Seekers
Instead of applying blindly:
- Focus on recently posted openings.
- Connect with recruiters or current employees.
- Research whether the company is actually expanding.
- Use networking alongside online applications.
- Follow up professionally when possible.
Quality applications often produce better results than sending hundreds of résumés.
Looking Ahead
Artificial intelligence has made it easier than ever for applicants to submit hundreds of applications—and for employers to post and manage thousands of job listings.
As hiring becomes increasingly automated, transparency may become one of the most valuable qualities in the recruiting process.
For both employers and job seekers, trust remains the foundation of a healthy labor market.
Related Links
- U.S. Bureau of Labor Statistics – Job Openings and Labor Turnover Survey (JOLTS)
- U.S. Bureau of Labor Statistics (BLS)
- Society for Human Resource Management (SHRM)
- Indeed Career Guide
- LinkedIn Talent Blog
- CareerBuilder Advice & Resources
- Monster Career Advice
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News
Joby Aviation and Toyota kick off manufacturing alliance to scale electric air taxi production
Joby Aviation and Toyota launch a joint venture to improve productivity, quality, and cost as they prepare to scale electric air taxi production.
Joby Aviation and Toyota Motor Corporation have launched the initial phase of a strategic manufacturing alliance aimed at accelerating commercial production of electric air taxis—an early step the companies say is designed to make “air mobility for all” a practical, everyday reality.
Announced June 30, 2026, the partnership formalizes a new joint venture that will combine Joby’s electric aviation development with Toyota’s production systems and operational expertise. The near-term focus: building the groundwork for commercial production while pushing improvements in productivity, quality, and cost—key factors as the industry moves from prototypes to scaled manufacturing.
What the joint venture is designed to do
According to the companies, the alliance will initially concentrate on:
- Establishing the foundation for commercial production capability
- Advancing manufacturing excellence with an emphasis on productivity, quality, and cost
- Supporting expansion of Joby’s production capacity as it works toward aircraft certification and prepares for anticipated demand
The announcement positions Toyota’s manufacturing playbook—known globally for lean production and continuous improvement—as a lever to help Joby move from development into repeatable, high-quality output at scale.
Why it matters: eVTOLs need scale, not just flight tests
Electric vertical take-off and landing (eVTOL) aircraft have become one of the most closely watched bets in next-generation transportation, but the path to viable air taxi services depends on more than successful test flights. Certification timelines, supply chain readiness, and the ability to produce aircraft consistently (and affordably) are often what separates promising technology from commercial reality.
By forming a joint venture focused on manufacturing readiness, Joby and Toyota are signaling that the next competitive frontier is industrialization—how quickly and reliably eVTOL aircraft can be built to meet safety standards and market demand.
Related Links for Further reading
- Joby Aviation (official): https://www.jobyaviation.com
- Joby Investor Relations / News (official updates & filings): https://ir.jobyaviation.com
- Toyota Newsroom (official): https://www.toyotanewsroom.com
- Toyota Global (corporate overview): https://global.toyota/en
- FAA Advanced Air Mobility / Air Taxis (context): https://www.faa.gov/air-taxis
What executives are saying
Joby founder and CEO JoeBen Bevirt emphasized the long-running relationship between the companies, calling the joint venture a reflection of shared confidence in the opportunity ahead.
“Toyota has been by Joby’s side for nearly a decade, providing invaluable guidance and support as we built the foundation for manufacturing our aircraft,” Bevirt said. “Together, we share a vision of making aerial mobility an everyday reality.”
Toyota Motor Corporation Chairman Akio Toyoda framed air mobility as an extension of the company’s broader mission.
“Since our founding, we’ve been guided by the philosophy of providing mobility for all,” Toyoda said, adding that Toyota views air mobility as “a natural extension of that philosophy—from the ground into the sky.”
About the companies
Joby Aviation (NYSE: JOBY) is a California-based transportation company developing an all-electric eVTOL air taxi. The company intends to operate its own air taxi service in cities worldwide and sell aircraft to other operators and partners.
Toyota (NYSE: TM) has operated in North America for nearly 70 years and says it is focused on sustainable, next-generation mobility through Toyota and Lexus brands. Toyota reports nearly 64,000 employees in North America, 14 manufacturing plants, and more than 1,800 dealerships. The company also noted that its North Carolina plant began assembling automotive batteries for electrified vehicles in 2025.
What to watch for next
For readers tracking the air taxi sector, the next milestones will likely center on:
- Details on how the joint venture will be structured operationally
- Updates on Joby’s certification progress and production ramp timelines
- Signs of how manufacturing improvements translate into cost reductions and throughput
- Additional agreements or expanded collaboration as the alliance progresses
While the companies highlighted expected benefits, they also noted the usual forward-looking risks—such as regulatory certification timelines, market conditions, and the ability to finalize additional agreements.
Source: Toyota Motor North America / PRNewswire (June 30, 2026)
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financial wellness
Building Brighter Futures: Helping Young People Succeed in a Changing Economy
Changing Economy: During a time when the economy is changing rapidly and shifting the landscape of work into uncertain territory, academic success is no longer enough to put young people on a stable path to the future. Smart students need to start taking steps in new directions, adding key concepts like financial literacy, economic mobility and entrepreneurship to their knowledge arsenals.
Building Brighter Futures: Helping Young People Succeed in a Changing Economy
(Feature Impact) During a time when the economy is changing rapidly and shifting the landscape of work into uncertain territory, academic success is no longer enough to put young people on a stable path to the future. Once, a high school diploma was enough to land a well-paying job. Then a college degree became the gold standard. Now the roadmap has changed again, which means that smart students need to start taking steps in new directions.
According to Junior Achievement, three key concepts to add to modern teenagers’ knowledge arsenal include financial literacy, economic mobility and entrepreneurship.
Why Financial Literacy Matters
When young people are equipped with the knowledge they need to earn, manage, save and invest money, it supports their journey through every life milestone ahead, from education and homeownership to retirement and more. Financial literacy gives people the confidence to make smart decisions while dodging costly mistakes like getting into high-interest debt.
A recent Junior Achievement survey indicated that although 42% of Americans struggle with money management, 23% feel their income could be sufficient if they understood how to manage it more effectively. Giving students a strong foundation in financial literacy can set them up well to not only earn money but use it wisely to meet their future needs and accomplish their goals.
The Power of Economic Mobility
Economic mobility refers to the idea that each generation can expect to achieve better opportunities and more financial stability than the one before. Today’s youth are growing increasingly skeptical of this possibility, and for good reason: they see that even many college graduates are underemployed and struggling to find their feet.
There’s no denying the game has changed. However, upward economic mobility is still within reach for students who are willing to learn the new rules, especially if they have parents and educators supporting their journeys. With or without a college degree, students who engage with their communities, believe in their own potential and focus on building transferable personal and entrepreneurial skills can find themselves well-positioned to navigate a changing world.
How to Grow Entrepreneurial Skills
Topics like financial literacy and business acumen can be taught in a variety of ways both in and out of the classroom. Other key entrepreneurial skills – like leadership, confidence, work ethic, creativity and critical thinking – are more like muscles that get stronger when they’re trained. While academics are still important, hands-on opportunities and experiences are invaluable parts of the equation to prepare students for economic success.
Take programs like Future Bound by Junior Achievement, for example, which is an immersive annual event designed to empower high school students with essential skills and opportunities to innovate. Participants put their intelligence, creativity and ambition to the test during four team competitions where they can showcase and hone real-world business and economic skills. Winners receive national honors, awards, scholarships and prizes from event sponsors, including Pacific Life Foundation and Staples, among others. Plus, all attendees get the chance to network with industry leaders from around the country, participate in workshops and connect with other future-focused teens.
Whether you’re a student, parent, educator or volunteer, explore more resources to help young people succeed at JA.org.
Photo courtesy of Shutterstock
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