Despite terrorizing people with threats of murder and offers of money to others if they murdered people regularly demonized on Fox News, the Fox Nation reader and commenter known as Josey WhaIes does not have to stay in jail while he awaits trial in jail.
Until his recent arrest, we repeatedly reported Josey WhaIes, whose real name turned out to be Scott Orton, to various authorities and to the people he threatened. Now, despite the pleas of one of his targets, Cate Dyer, the CEO of StemExpress, featured in one of the recent anti-Planned Parenthood videos, a judge has let Orton wait for trial as a free man.
According to The Sacramento Bee, Dyer told the court, “His anger and hate have caused permanent trauma to me, my staff, our families and students that intern at StemExpress."
As a result of the messages, Dyer said in her court statement last week, “multiple security, tactical and law enforcement teams suddenly began walking our hallways and homes carrying guns and training our staff on how to deal with attackers and active shooter situations on site. Police and our security team members chased cars that were following our families. Staff members have taken time off work due to stress and emotional unrest. Bomb surveillance protocols have been established and our building has been put on permanent lockdown. The expense for these services has been astronomical.
“I began to have full-time armed security protect our office, me personally, and my family,” Dyer continued. “My security team, which is made up of ex-military, observed numerous occasions where cars would surveil my house, people using long-lens cameras, sometimes climbing trees on neighboring properties.
As we have previously reported, Orton didn't just threaten Dyer and StemExpress, he also offered money to anyone who would murder the prosecutor in the Freddie Gray case, the sheriff of San Francisco and a doctor at Planned Parenthood - all on Fox Nation's website.
Fox News reportedly cooperated with authorities over the Dyer case but I continue to ask, why did Fox Nation keep allowing a wannabe assassin to post murder threats? Not only did Fox not report Orton to authorities (we and our readers did) but he was not even banned from posting.
And even with Orton finally gone from Fox Nation (presumably), the "fair and balanced" website continues to tolerate death threats.
Bullshit- If what he was doing was protected by the 1st Amendment, he wouldn’t be standing trial in the first place. Death threats, malicious defamation, copyright infringement and identity theft are not protected. If consequences come pit of it, or there’s a very real chance of consequences, kiss the first goodbye.
The same goes for some forms of propaganda- Even though they have a right to say it if they’re just spouting, how they’re going about it, and their intentions make them actionable. That’s why Fox neews rulings like Jane Akre- Without them, O’Reilly would be in prison for his role in inspiring Tiller’s murder, and Hannity would be standing trial for his role in the violence caused by Bundy Ranch protesters.
And let’s not even start with how much Leggy Meggy or Greg Gutfeld would both be in and out of court constantly.
Especially compared to the likes of fox nation or freerepublic.
One lesson all sides can learn from this is to be careful what we post. You just know that we (Newshounds) have our critics who can’t wait to call us out for being hypocrites. I know that it can be difficult to leave our emotions out when discussing issues, but to threaten someone or to spit anger at someone who votes differently solves nothing. Half the people I know or have known don’t agree with me on everything, who does? but it’s important to present facts to state for each side and not the mentality of who yells the loudest makes them right that we hear on talk radio.
“Shouting fire in a crowded theater” is a popular metaphor for speech or actions made for the principal purpose of creating unnecessary panic. The phrase is a paraphrasing of Oliver Wendell Holmes, Jr.‘s opinion in the United States Supreme Court case Schenck v. United States in 1919, which held that the defendant’s speech in opposition to the draft during World War I was not protected free speech under the First Amendment of the United States Constitution.
The paraphrasing does not generally include (but does usually imply) the word “falsely”, i.e., “falsely shouting fire in a crowded theater”, which was the original wording used in Holmes’s opinion and highlights that speech which is dangerous and false is not protected, as opposed to speech which is dangerous but also true.
Anyway I did look up the law and I hope it helps answer your question on this subject…http://criminal.lawyers.com/criminal-law-basics/cyber-threats-like-obama-facebook-poll-are-crimes.html
He’s admitted to it.
If the prosecutors can prove his words inspired someone else to take action, then there’s grounds for an “inciting” charge (and, of course, if there’s evidence that he ever did anything himself, that’s another story…). Until then, though, they’re treading on a potential minefield of countersuits.
He chose the name Jose Whales. The author of The Outlaw Jose Whales and The Education of Little Tree was a rabidly rascist speechwriter for George Wallace back in the 60s.