Full tweet:
As usual, he's now claiming it's just a joke. https://www.mediaite.com/news/elon-musk-deletes-appalling-and-indefensible-harris-biden-assassination-social-media-post/
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Typically the first amendment is going to protect you when you say most things. The types of things you definitely don't want to say are specific threats.
But there was a sad situation in Colorado where the courts ruled that a guy could be locked up for saying that he wished that bad things fell upon some judges, even though he definitely didn't say or imply that he was going to do them. So if you want to rely on the Colorado precedent, maybe there's something to work with, but it's a pretty terrible precedent.
That all being said, let's not wish death on anyone. Even if it's someone who's done horrible things, let's just wish that they're forced to retire early and either get locked up in prison, if they committed crimes, or live out there lives in miserable condition in some community that we never have to visit or think about.
you can wish death on dick cheney, as a treat
The big thing seems to be “is there reason to believe that the person saying this believes it will cause people to illegally act in accordance”. I’m some lady on the internet, if I say Nazis should be punched I don’t think I’m going to convince anyone to actually do it, instead I think I’m contributing to a cultural milieu of hostility towards fascists. Elon musk has fans, he has a legitimate platform. He has every reason to think someone might shoot the vice president over this, especially since he’s calling to the same group that has already attempted to shoot the other presidential candidate twice in three months, and particularly because that group in question is people who voted for that guy.