Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: March 4, 2014
The Firm
201-896-4100 info@sh-law.comIn Spain, Alba González Camacho was recently convicted of inciting terrorism. While such allegations are far from rare in today’s world, her modus operandi—social media.
As reported in The New York Times, prosecutors contend that Camacho’s Twitter posts, which called on the disbanded terror group Grapo to kill several Spanish politicians, crossed the free speech line into illegal behavior. Prosecutors argued specifically that the “messages [contained] an ideological content that was highly radicalized and violent” and, hence, violated a provision of the Spanish Constitution that prohibits any apology for or glorification of terrorism. Camacho, 21, was sentenced to one year in prison, but will not serve jail time under the terms of a plea agreement.
While many Americans may think that something like this could not happen in the United States, it already has. An Alabama man is currently in jail for threatening to kill President Barak Obama via Twitter. His tweets included: “Free speech? Really? Let’s test this! Let’s kill the president”; “I’m going to finish this, if they get me, they get me! #ohwell”; I” think we could get the president with cyanide. #MakeItSlow”; and “Barack Obama, I wish you were DEAD!”
In 2013, Jarvis M. Britton, 26, pleaded guilty to violating a federal law that makes it a felony to knowingly and willfully convey a communication making “any threat to take the life of, to kidnap, or to inflict bodily harm upon the President of the United States.” Unlike other statutes criminalizing threatening behavior, prosecutors do not have to prove that defendant intended to carry out the threats under this Threats Against President statute. Several other social media users face similar prosecution.
These cases highlight the tension between freedom of expression and public safety. While the First Amendment guarantees our right to free speech, true threats fall outside Constitutional protection. Determining whether a threat is legitimate or simply political discontent is left up to the courts. Unfortunately, the U.S. Supreme Court has offered limited guidance regarding when speech crosses the line from protected speech into unprotected threats.
Determining whether social media rants amount to legitimate threats adds yet another layer to this complex area of law. While Twitter provides a platform for users to speak their mind, 140 characters or less could also land you in a courtroom, or worse – jail.
If you have any questions about these cases or would like to discuss the issues involved, please contact me, Fernando Pinguelo, or the Scarinci Hollenbeck attorney with whom you work. To learn more about data privacy and security, visit eWhiteHouseWatch and Cyber Jurist.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]
Author: Dan Brecher

How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]
Author: Marc J. Comer

Bringing on outside investors can provide the capital and strategic support a business needs to grow. However, raising capital also introduces important legal, financial, and operational considerations. Before bringing on investors, businesses should address key legal issues to reduce risk, streamline investor due diligence, and position the company for long-term success. Early preparation signals that […]
Author: Dan Brecher

How the Updated Law Shapes Retirement and Estate Planning The SECURE 2.0 Act of 2022 materially reshapes the required minimum distribution (RMD) landscape, extending tax deferral opportunities while accelerating distribution requirements for many beneficiaries. For high-net-worth individuals and families, these changes are not merely technical. They require a reassessment of retirement income strategies, beneficiary planning, […]
Author: Marc J. Comer

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]
Author: Robert L. Baker, Jr.

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!