Gab User Arrested For Alleged 'Threats' Against The FBIChris Menahan
Aug. 17, 2022
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A Gab user from Pennsylvania was arrested last week for allegedly making generalized threats against the FBI.
From the DOJ:
Man Arrested for Making Threats of Violence Against FBI
According to court documents, on August 10, Bies allegedly wrote: "Every single piece of [expletive] who works for the FBI in any capacity, from the director down to the janitor who cleans their [expletive] toilets deserves to die. You've declared war on us and now it's open season on YOU.""A few days before his arrest, the feds say Bies taunted Gab CEO Andrew Torba, tagging him in a post reading, 'It's perfectly OK for the government to constantly tell you that they intend to murder you, but when we decide we've had enough and tell them we are going to slaughter THEM, you get banned from Gab. @a [Andrew Torba] go ahead and ban me you fucking asshole,' adding, '@a just gave me an account warning today for saying that a bunch of child molesting f**gots at the FBI should be put down,'" the Daily Beast reported.
Here's how the First Amendment Encyclopedia defines "true threats":
In legal parlance a true threat is a statement that is meant to frighten or intimidate one or more specified persons into believing that they will be seriously harmed by the speaker or by someone acting at the speaker's behest. True threats constitute a category of speech — like obscenity, child pornography, fighting words, and the advocacy of imminent lawless action — that is not protected by the First Amendment. Although the other aforementioned categories have received specific definitions from the Supreme Court, the Court has mentioned the true threats category only in a handful of cases and has never fully developed a test to delineate its boundaries.The feds obviously don't care whether the case will hold up in court as they're charging this guy for headlines and to advance a narrative.
It's no coincidence they chose to go after a guy from Pennsylvania. This was almost certainly done to influence the election in Pennsylvania where Josh Shapiro (D) may lose to Doug Mastriano (R). Shapiro's campaign is running ads highlighting Mastriano's ties to Gab and Attorney General Merrick Garland is stepping in to run some "ads" of his own to boost Shapiro's propaganda offensive.
According to the affidavit, Gab handed over Bies' details and posting history in response to an emergency disclosure request. Every Big Tech site has an EDR form for law enforcement agencies to fill out and can choose to comply with or reject the request. If the request is rejected, law enforcement needs to get a subpoena or court order to force compliance. Gab accepted the EDR request and handed over his data.
Gab CEO Andrew Torba explained his reasoning in a post on Telegram:
Let me spell this out for you in plain terms: do not post threats of violence on Gab or anywhere else on the internet. Threats of violence are not protected by the First Amendment and therefore are not protected by Gab's Terms of Service.Torba elaborated further in a post on Gab:
Our policy in regards to working with law enforcement has been incredibly transparent for years. Below is a post on our data disclosure policies from 2019.What Torba said deserves to be repeated ad infinitum: "Some people don't seem to understand that only one side has to play by the rules and has the law enforced against them and guess what: that's our side. Antifa, BLM, and other left wing terrorists can post all of the threats they want online and get away with it. Our people cannot. This is the reality of the situation. Understand this reality clearly and use caution accordingly."
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