According to the #Constitution of the United States, all citizens have a right to express their opinions without fear, which means that the Government is prohibited from taking any legal action against individuals or organizations who express their ideas publicly.
The right to free speech remains valid regardless of the platform you use to express yourself. Whether you prefer to hold a protest, write an article, publish a book, advertise on social media or express through art, you have freedom to speak your mind.
However, the right to free speech comes with specific conditions. Essentially, you are only allowed to voice your opinions or ideas to a certain extent. Beyond that point, your actions may be deemed illegal and in some states, punishable by law.
To be specific, you cannot use threatening, abusive or insulting words/phrases and similarly, you cannot post pictures, content or posters, which display offensive language. Exemptions to the freedom of expression include threats, incitement to engage in illegal activity, fighting words, perjury and more.
The limits to free speech are also present in state regulations. In Rhode Island, for instance, the simple assault law prohibits residents from using threatening language. Threatening, verbally or physically, to cause bodily harm is a crime punishable by 1-year in prison, or a fine of up to $1000.
Rhode Islanders have always wondered if the simple assault #law infringes with their right to free speech. In our opinion, it doesn't. If anything, it aligns with the conditions under which one is allowed to exercise the freedom of speech because it forbids residents from using threatening language, a clear exemption to free speech.
It's safe to conclude that simple assault begins where freedom of expression ends. In other words, using words or phrases, which seem to suggest that you plan to cause bodily harm, are not protected under the First Amendment.
You should ask yourself, “Are my words likely to cause distress, fear or harassment to another?” If the answer is yes, then you have gone beyond exercising your freedom of speech. If your words are verbal threats to harm someone, you can and should be charged with breaking the simple assault law.