Serious question to all in this thread: Let's pretend it's 2007 and some dipship put's a giant "W" in his tree hung from a rope in anticipation of the election. Everyone knows that the "W" represents Bush. Is this something that would garner this much attention? Would that fall under a freedom of speech/expression?
Racial degradation is protected speech. Sending putting a menorah is urine, or soap if you prefer, is protected speech. It is ALL protected speech. Notice I'm not saying I like it, I'm just saying it is protected. Just like while I think the Branch Davidians were nutjobs, it's pretty clear that the Clinton Justice department severely violated their Fourth amendment rights. Just like while I don't like drug dealers I think no-knock raids are a violation of their fourth amendment rights. -XC
Sure. If there is no clear or credible threat it would be legal. Dispicable... but legal.
I think it would be tasteless, a la the Sarah Palin target crosshair thing last election cycle, but it wouldn't be as overtly offensive since it doesn't carry the weight of a century of Jim Crow history, where black people who got out of line were hung from trees. While I don't view this as any kind of actual threat of violence, I don't see the difference between this and straight up calling Obama a nigger. There is no way to interpret this other than racial degradation. That said, if this guy is proud that he's a racist, then at least he's being honest about it. He just shouldn't be surprised that so many people are offended. Like I said above, there's free expression but that doesn't mean that there aren't consequences for expressing yourself.