- Things Not To Do: Don’t Joke about Airline Threats
A Dutch teen published a tweet to American Airlines that seemed to imply she was threatening to do something. AA quickly responded that authorities were being notified. The girl quickly responded that it was a joke, and then blamed her friend. Authorities responded quickly, and placed her under arrest.
First, there is a proof issue of who sent the tweet. The fact that it came from her account, or even her IP address, is not proof that she sent it. However, her first response was not to blame someone else, it was to say it was a joke, and only after she was “scared”. Oops.
Does this case have a First Amendment defense? The short answer is no, she is not in the United States, and therefore doesn’t have 1st Amendment protection. I have no idea what kind of speech protections the Netherlands may have. She probably would not be protected here, as courts generally do not extend 1st Amendment protection to true threats. That’s why Florida can charge a felony for threats posted to social media. The question is whether the initial tweet is a really a threat. It’s pretty vague, so she might be able to avoid conviction, depending on how the Dutch handle such cases.
Don’t joke about threats or terrorism. That kind of action with consideration of consequences is why we treat juveniles differently than adults, but it’s bad news. #thingsnottodo