Whoever, with intent to extort from any person, firm, association, or corporation, any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to injure the property or reputation of the addressee or of another or the reputation of a deceased person or any threat to accuse the addressee or any other person of a crime, shall be fined under this title or imprisoned not more than two years, or both.Now, I can't imagine such charges being brought or that they wouldn't crumble against a first amendment defense, for which there is ample precedent...but it is flirting with the possibility, not least because Savage is basically demanding that Rick Santorum not exercise his first amendment rights to express his opinion. Another defense would be that a person's characteristics are distinctly different from the person's reputation, and may safely be mocked. 'You have a big nose, ha ha' is mockery, 'you put cocaine up your nose on a regular basis' is a slur on someone's reputation. I wonder how a civil lawsuit would go, although I doubt Rick Santorum would be foolish enough to bring one and provide Savage with even more free publicity.
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(speaking of which using residual good will is also a part of Ricking)
posted by The Whelk at 5:16 PM on July 27, 2011 [2 favorites]