The Idaho controversy surrounding the alleged sexual assault (by three boys from Sudan and Iraq) of a 5 year old Twin Falls girl just keeps growing—now even to the Washington Post.
See this very informative column by Eugene Volokh*** who first gives the facts as we know them about the controversy, excerpts the written press statement by US Attorney Wendy Olson (see our post yesterday), and then says this (emphasis is mine). Hat tip: Paul
This, it seems to me, goes beyond calling for accuracy (and trying to deter threats, which are indeed criminally punishable). The prosecutor — a prosecutor backed by the might of the federal government — is not just condemning “threatening statements.” She is equally condemning “inflammatory” statements “about the perpetrators or the crime,” as well as “the spread of false information.”
There is no First Amendment exception for “inflammatory”…
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