Kathy Griffin's Legal Troubles: Did She Cross The Line?

In 2017, comedian Kathy Griffin posted a video of herself holding a mask styled to look like the severed, bloody head of then U.S. President Donald Trump. The video sparked outrage and led to calls for her arrest, with many interpreting it as a threat against the President. However, legal experts weighed in, stating that Griffin's speech was protected under the First Amendment, as it did not directly threaten the President or urge others to harm him. While the incident caused significant controversy, it also ignited a broader discussion on the boundaries of free speech and the role of satirical or political expression in society.

Did Kathy Griffin's photo constitute a true threat?

In 2017, comedian Kathy Griffin posted a photo of herself holding a mask styled to look like the severed, bloody head of then US President Donald Trump. The image sparked outrage across the political spectrum, with many calling for her arrest on the grounds that the image constituted a threat to the president.

So, did Kathy Griffin's photo constitute a true threat?

Firstly, it's important to note that Griffin herself apologised for the image, saying that she crossed the line. However, beyond the court of public opinion, the question of whether Griffin's photo broke the law is a complex one.

According to Stanford University Law Professor Nathaniel Persily, Griffin's photo is protected speech under the First Amendment. Persily argues that the photograph did not directly threaten the president and did not urge other people to harm him. He states that "people are allowed to wish the president dead" as long as they do not express a real intent to harm him or encourage others to do so. In the case of Griffin's photo, there were no words that encouraged any sort of threatening action.

This interpretation is supported by a ruling from the Supreme Court in 1969, which overturned the conviction of Robert Watts, a young man accused of threatening former president Lyndon Johnson. Watts had said at a political rally that he would shoot Johnson if he was drafted to serve in Vietnam. The Supreme Court ruled that Watts' statement was "crude political hyperbole" and did not constitute a true threat.

In light of this, it seems that Griffin's photo, while offensive to many, did not cross the line into a true threat. However, it is worth noting that the context and intent of the speaker are also important factors in determining whether a statement or image is a true threat. In the case of Griffin's photo, some may argue that the graphic nature of the image and the current political climate could change the interpretation.

Ultimately, the question of whether Kathy Griffin's photo constituted a true threat is a matter of legal interpretation and a complex one at that. While some may argue that the image was a form of symbolic speech protected by the First Amendment, others may view it as a criminal threat against the president. The controversy surrounding this incident highlights the ongoing debate between freedom of speech and the protection of public figures.

Did the photo encourage violence against Trump?

In 2017, Kathy Griffin posted a photo of herself holding a mask styled to look like the severed, bloody head of then US President Donald Trump. The image sparked outrage across the political spectrum, with many calling for her arrest for threatening the president.

While Griffin herself later apologised, saying she crossed the line, the photo did not directly threaten Trump or urge others to harm him. Stanford University Law Professor Nathaniel Persily commented that the image is an example of "crude political hyperbole" and is protected under the First Amendment. Persily also noted that "people are allowed to wish the president dead" as long as there is no real intent to harm him.

However, others, including Trump himself, believed that Griffin's photo encouraged violence against him. Trump stated that Griffin "should be ashamed of herself" over the photo, and he continued to bring up her name in relation to the incident. As a result of the photo, Griffin faced a Secret Service investigation for conspiracy to murder the president, and she was fired from her role at CNN's New Year's Eve broadcast. All of her remaining tour dates were also cancelled by their venues.

Did Griffin face a Secret Service investigation?

In May 2017, Kathy Griffin posted a video of herself holding a mask styled to look like the severed, bloody head of then US President Donald Trump. The video was from a session with photographer Tyler Shields, who is known for producing shocking imagery.

Griffin's post sparked outrage across the political spectrum, with many calling for the Secret Service to arrest her for threatening the president. In the wake of the controversy, Griffin apologised, saying that she went way too far and that she crossed the line. Despite this, some people felt that an apology was not enough and that her photo amounted to a hate crime, treason, or other criminal conduct.

In the US, threats "knowingly and willfully" made against the president are a class E felony. However, Stanford University Law Professor Nathaniel Persily and University of Minnesota Law Professor Heidi Kitrosser argued that Griffin's photo did not constitute a true threat and was protected under the First Amendment as "crude political hyperbole".

Despite this legal defence, Griffin did face a United States Secret Service investigation for conspiracy to murder the then-president. She was also terminated from CNN's New Year's Eve Broadcast, which she had co-hosted with Anderson Cooper since 2009, and all of her remaining scheduled tour dates were canceled by their venues. Additionally, she was dropped by Squatty Potty as a spokesperson.

Did Griffin break federal law?

In 2017, comedian Kathy Griffin posted a video of herself holding a mask styled to look like the severed, bloody head of then US President Donald Trump. The video was accompanied by the caption: "I caption this 'there was blood coming out of his eyes, blood coming out of his... wherever'", referencing a comment Trump had made about Megyn Kelly.

The image sparked outrage across the political spectrum, with many calling for the Secret Service to arrest Griffin for threatening the president. Griffin herself said she crossed the line in a video apology. But did she break federal law?

According to federal law, it is a felony to threaten the president, president-elect, vice president, or vice president-elect. This includes any "threat to take the life of, to kidnap, or to inflict bodily harm" upon these officials. However, in Griffin's case, legal experts argue that her photo is protected speech under the First Amendment. Stanford University Law Professor Nathaniel Persily stated that the photograph did not directly threaten the president and did not urge others to harm him. He explained that for speech to be considered a threat, it must include "words that encourage some sort of action". Without such words, the photo is likely protected as "crude political hyperbole" under the First Amendment, as established by the Supreme Court.

While Griffin's photo may have been in extremely bad taste, it did not constitute a direct threat against the president and therefore did not break federal law.

Did Griffin lose fans as a result?

In 2017, Kathy Griffin posted a video of herself holding a mask styled to look like the severed, bloody head of then U.S. President Donald Trump. The video was accompanied by the caption: "I caption this 'there was blood coming out of his eyes, blood coming out of his... wherever'", referencing a comment Trump had made about Megyn Kelly. The image sparked outrage across the political spectrum, with many calling for the Secret Service to arrest Griffin for threatening the president.

While Griffin herself apologised, saying she crossed the line, she faced a backlash from the public, the media, and Trump himself, who said she "should be ashamed of herself". As a result of the controversy, Griffin was fired from her role on CNN's New Year's Eve broadcast with Anderson Cooper, who said he was "appalled by the photo shoot". All of Griffin's remaining scheduled tour dates were also cancelled by their venues.

Griffin has since argued that she "permanently" lost at least one-third of her audience as a result of the incident. In 2018, she embarked on a worldwide comedy tour, titled "Laugh Your Head Off", which referenced the severed head image. Several shows sold out within minutes, leading Griffin to add several more dates to the lineup.

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