Alestleview: Oduwole's argument devalues the First Amendment
Issue date: 11/17/09 Section: Opinion
The First Amendment is a guaranteed right to the American people.
But there are people who want to abuse the privileges that have been guaranteed by making a mockery of these rights.
Olutosin Oduwole is a former student of SIUE. Total charges against Oduwole include theft by deception, computer fraud and unauthorized possession of a weapon on state property and attempt to make a terrorist threat.
A note that was found in his car read, "Send $2 to … PayPal account if this doesn't reach $50,000 in the next seven days then a murderous rampage similar to the VT shooting will occur at another highly populated university. THIS IS NOT A JOKE!"
No, it isn't.
One of the arguments made by Oduwole's lawyers is that these words are rap lyrics. They may be violent, but they are a sample of work by the aspiring rap artist, according to the defense. The "lyrics" were compared to Bob Marley's "I Shot the Sheriff." And as rap lyrics, the defense is claiming the note should not be considered a terrorist threat, but Oduwole exercising his right to free speech.
Freedom of speech is a right. The government gave us this right so we have the ability to voice our opinions. This protects us as a people if we choose to voice our thoughts on something we do not agree with.
Oduwole's "rap lyrics" simply seem to be voicing that he feels he should get $50,000 and that if he doesn't people should die. It's also one thing to call these "rap lyrics," and it is another to write them when you have weapons in your apartment.
The First Amendment states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Threats have no place in this amendment. They are not protected as part of free speech, and the people who make them are not protected either. Defending what Oduwole wrote as "free speech" weakens and cheapens the power of the First Amendment.
There is a test that is used by the courts to decide on whether something is protected by free speech. It is called the clear and present danger test. The test includes two parts: the speech can be prohibited if it is likely to incite or produce imminent lawless action and if it is likely to produce or incite such action.
Oduwole's note seems to do both these things. The courts do not protect obscene materials, false advertising, hate speech or fighting words. People who abuse the First Amendment are threatening those who depend on these rights to make a living. While every person deserves their day in court, Oduwole's defense only mocks the true intention of the First Amendment.
But there are people who want to abuse the privileges that have been guaranteed by making a mockery of these rights.
Olutosin Oduwole is a former student of SIUE. Total charges against Oduwole include theft by deception, computer fraud and unauthorized possession of a weapon on state property and attempt to make a terrorist threat.
A note that was found in his car read, "Send $2 to … PayPal account if this doesn't reach $50,000 in the next seven days then a murderous rampage similar to the VT shooting will occur at another highly populated university. THIS IS NOT A JOKE!"
No, it isn't.
One of the arguments made by Oduwole's lawyers is that these words are rap lyrics. They may be violent, but they are a sample of work by the aspiring rap artist, according to the defense. The "lyrics" were compared to Bob Marley's "I Shot the Sheriff." And as rap lyrics, the defense is claiming the note should not be considered a terrorist threat, but Oduwole exercising his right to free speech.
Freedom of speech is a right. The government gave us this right so we have the ability to voice our opinions. This protects us as a people if we choose to voice our thoughts on something we do not agree with.
Oduwole's "rap lyrics" simply seem to be voicing that he feels he should get $50,000 and that if he doesn't people should die. It's also one thing to call these "rap lyrics," and it is another to write them when you have weapons in your apartment.
The First Amendment states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Threats have no place in this amendment. They are not protected as part of free speech, and the people who make them are not protected either. Defending what Oduwole wrote as "free speech" weakens and cheapens the power of the First Amendment.
There is a test that is used by the courts to decide on whether something is protected by free speech. It is called the clear and present danger test. The test includes two parts: the speech can be prohibited if it is likely to incite or produce imminent lawless action and if it is likely to produce or incite such action.
Oduwole's note seems to do both these things. The courts do not protect obscene materials, false advertising, hate speech or fighting words. People who abuse the First Amendment are threatening those who depend on these rights to make a living. While every person deserves their day in court, Oduwole's defense only mocks the true intention of the First Amendment.
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