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.

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

Operating a business in the New Jersey and New York City metropolitan region offers incredible opportunities, but it also requires navigating a dense and highly regulated legal environment. From entity formation to regulatory compliance, seemingly minor legal oversights can expose business owners to significant risk. In our work with businesses throughout the region, our attorneys […]
Author: Dan Brecher

High-profile founder litigation is more than just a media spectacle. For startup founders, these cases underscore the legal and structural risks that can arise when rapid growth outpaces formal oversight. While launching a new company can be both an exciting and deeply rewarding endeavor, founders must be mindful that it also comes with significant risks. […]
Author: Dan Brecher

Every New Jersey company should periodically evaluate its governance framework. Strong corporate governance protects directors and officers, builds investor confidence, reduces litigation exposure, and positions a company for sustainable growth. The first quarter of the year is a great time to evaluate your corporate governance practices and perform any routine maintenance needed to keep that […]
Author: Ken Hollenbeck

Being served with a lawsuit is one of the most stressful legal events a business or individual can face. Whether the claim involves a contract dispute, an employment matter, an intellectual property issue, or another legal challenge, the actions you take in the first few days can significantly shape the outcome of your case. Acting […]
Author: Robert E. Levy
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!