Amanda Roley , KREM 5:46 PM. PDT July 13, 2017
SPOKANE, Wash. -- A woman is facing multiple counts of malicious harassment after court documents said she yelled racially motivated comments at her neighbors.
Court records show the cell phone video was taken of Shalisha Israel yelling things like, "You guys drug dealers or something," and "I think you might be terrorists! This is not your America! You are evil!"
PREVIOUS STORY:Woman arrested after harassing neighbors, calling them 'terrorists'
KREM 2 posted the story online and many people commented that what the woman said was not right but what about her freedom of speech?
To verify when your first amendment rights are protected and when it turns into harassment KREM 2 talked to First Amendment lawyer David Bodney.
He said the line between your freedom of speech and harassment is drawn with three exceptions to your First Amendment rights. The first is, if the statement constitutes incitement. Meaning if there is a serious risk of imminent harm, it is possible your speech can be limited. The second exception is if the speech uses "fighting words" meaning if someone continues to provoke another in close proximity using language that would cause a person to respond aggressively. The final exception, is if the speaker says a true threat, which is where the speaker communicates in a way that is a true threat to the safety of the recipient. However, Bodney said these three exceptions are fairly difficult to prove.
"There are not a lot of fighting word cases out there, and there are not a whole lot of true threat cases out there. And thought the court recognizes this notion of what constitutes incitement, it's a very difficult standard to meet," Bodney said.
Bodney adds that your first amendment right is not absolute. In the case of this woman who shouted racial remarks at her neighbors, Bodney said the video does not show any pronounced evidence of the three exceptions to free speech. Even though the first amendment could be used as a defense, Bodney said it could still go in the victim's favor.
"If the speech is annoying, alarming or otherwise meets the test of a state statute that define harassment it may well be possible to get an order to restrain that kind of speech," Bodney explains.
KREM 2 can verify there are exceptions to your first amendment rights that would classify your speech as harassment. Before you exercise those rights, make sure your speech does not include fighting words, a true threat or constitute incitement.
Help our journalists VERIFY the news.Do you know someone else we should interview for this story? Did we miss anything in our reporting? Is there another story you'd like us to VERIFY?Click here.
2017 KREM-TV
More here:
Verify: When does free speech become harassment? - KREM.com
- Turkey's crackdown on freedom of speech intensifies [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Bill of Rights Transcript Text - National Archives and ... [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Freedom of Speech (Stanford Encyclopedia of Philosophy) [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- 3 Muslims shot dead by Atheist || #muslimlivesmatter - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Media Studies 104A - 2015-02-10 - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Freedom of Speech in the 21st Century - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- GodTVRadio Show - Freedom of Speech - Katy Perry Garbage Music Industry Selling Image - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Freedom of Speech - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- USA Freedom of Speech and Jesus Christ - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Eddie Griffin Freedom of Speech - Eddie Griffin Stand Up Full [HD].... - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- France Arrests French Comedian Dieudonne 3 Days After Charlie Hebdo Freedom of Speech - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- GodTVRadio Show - Freedom of Speech - Science News - Zoophile Atheists Evolutionists Beastality Inter Species Sex - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- GodTVRadio Show - Freedom of Speech - Science News - Marijuana Causes Brain Damage - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Charlie Hebdo's "Freedom of Speech" - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- John Robertson on Greg Shapiro's United States of Europe - S3Ep01 - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Freedom of Speech - The GameOverGreggy Show Ep. 61 (Pt. 3) - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Charlie Hebdo, Zero Tolerance, and Freedom of Speech - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- The Illuminati: The Freedom of Speech 2015 Conspiracy - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Eddie Griffin 2015 - Eddie Griffin Freedom Of Speech - Eddie Griffin Stand Up.. - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Eddie Griffin Freedom Of Speech - Eddie Griffin Stand Up - Eddie Griffin 2015 [HD] - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- GodTVRadio Show - Freedom of Speech - Charles Darwin Racist Hallucinating Junkie Who Thought He Was A Monkey - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Muslims oppose insult to Islam in the name of freedom of speech - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Eddie Griffin Stand Up Full HD - Eddie Griffin Freedom of Speech.. - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Policy update restricts demonstrations [Last Updated On: February 13th, 2015] [Originally Added On: February 13th, 2015]
- Italian senators pass bill criminalizing denial of genocides [Last Updated On: February 13th, 2015] [Originally Added On: February 13th, 2015]
- Thousands of Muslims protest freedom of speech outside Downing street - Video [Last Updated On: February 13th, 2015] [Originally Added On: February 13th, 2015]
- Eddie Griffin Stand Up Full HD - Eddie Griffin Freedom of Speech [Standing Up] - Video [Last Updated On: February 13th, 2015] [Originally Added On: February 13th, 2015]
- Eddie Griffin Freedom of Speech - Eddie Griffin Stand Up Full HD.. (Best Comedians) - Video [Last Updated On: February 13th, 2015] [Originally Added On: February 13th, 2015]
- Ali Belhadj Following Paris Attacks: France Cannot Give Us a Lesson in Freedom of Speech - Video [Last Updated On: February 13th, 2015] [Originally Added On: February 13th, 2015]
- RE: HannibalTheVictor13's resentment over thunderf00t and his "freedom of speech". - Video [Last Updated On: February 13th, 2015] [Originally Added On: February 13th, 2015]
- GodTVRadio Show - Freedom of Speech - Did God Make Atheists For Hell? - Video [Last Updated On: February 13th, 2015] [Originally Added On: February 13th, 2015]
- Freedom of Speech, Dastak Ep158 - Video [Last Updated On: February 13th, 2015] [Originally Added On: February 13th, 2015]
- Mamata advocates for freedom of speech - Video [Last Updated On: February 13th, 2015] [Originally Added On: February 13th, 2015]
- One dead after shots fired at Copenhagen freedom of speech meeting [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- 1 dead in shooting at Copenhagen free speech event [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- Shots Fired at Copenhagen Free Speech Event: Reports [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- Shots fired at Copenhagen cafe free speech event [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- One man dead and three policemen wounded at freedom of speech seminar in Denmark [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- Copenhagen caf: two gunmen in terror attack at freedom of speech event [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- Michael Buerk Interview - Freedom of Speech & Paris Attacks - Video [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- 'Freedom Of Speech' Topic Tuesday #12 - Video [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- Freedom of Speech != Freedom of Forum - Video [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- Danish police kill man suspected of Saturday's attacks [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Political expression isnt criminal: group [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Copenhagen police kill suspect linked to two fatal attacks [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Copenhagen suspect known to police [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Free Speech Debate Still Alive After Attack in Denmark [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Danish PM Defends Freedom of Speech After Attacks [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Freedom of Speech and Freedom of Press - Lincoln University [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- freedom of speech...........Peter Caine /Brooklyn Dog training/NYC dog training - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Copenhagen Shooting: Deadly attack at free speech meeting with cartoonist who depicted Muh - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- We Need To Defend Our Freedom of Speech or We'll Lose It. - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Shots fired at Copenhagens Krudttoenden cafe free speech event a report - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Freedom of Speech: For Whom, to Say What? - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Media Studies 104A - 2015-02-12 - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Eddie Griffin Freedom of Speech - Eddie Griffin Stand Up Full HD [Stand Up Comedians] --- - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- WallBuilders Live 2015-02-11 Wednesday - Freedom of Speech on College Campuses - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- GodTVRadio Show - Freedom of Speech - Feminist Aborted Her Son Because He was a Boy - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- GodTVRadio Show - Freedom of Speech - Science News - Atheist Animal Sacrifices and Torture - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Yisrael Beytenu at Charlie Hebdo freedom of speech protest - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- GodTVRadio Show - Freedom of Speech - American Poll - Atheists Can't Be Trusted - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Freedom of speech, but... SHOTS - Video [Last Updated On: February 17th, 2015] [Originally Added On: February 17th, 2015]
- Muslims Killing Atheists! - Video [Last Updated On: February 17th, 2015] [Originally Added On: February 17th, 2015]
- AP Top Stories February 14 P - Video [Last Updated On: February 17th, 2015] [Originally Added On: February 17th, 2015]
- Eddie Griffin Freedom of Speech - Eddie Griffin Stand Up Full [Best Comedians] ---- - Video [Last Updated On: February 17th, 2015] [Originally Added On: February 17th, 2015]
- Eddie Griffin Freedom of Speech - Eddie Griffin Stand Up Full HD [Stand Up Live] --- - Video [Last Updated On: February 17th, 2015] [Originally Added On: February 17th, 2015]
- Eddie Griffin Freedom of Speech - Eddie Griffin Stand Up Full Show HD --- - Video [Last Updated On: February 17th, 2015] [Originally Added On: February 17th, 2015]
- Duck Dynasty's Phil Robertson to Receive Freedom of Speech Award [Last Updated On: February 18th, 2015] [Originally Added On: February 18th, 2015]
- Letters to the editor: We must do more to stop terrorists [Last Updated On: February 18th, 2015] [Originally Added On: February 18th, 2015]
- Eddie Griffin Stand Up Freedom of Speech Best Comedy Show--- - Video [Last Updated On: February 19th, 2015] [Originally Added On: February 19th, 2015]
- Freedom Of Speech Naam Ki Koi Chiz Hoti Hai - Alia Bhatt On AIB Controversy - Video [Last Updated On: February 19th, 2015] [Originally Added On: February 19th, 2015]
- Copenhagen Shooting: Valentine's Day Shooting At Copenhagen Free Speech Event (VIDEO) - Video [Last Updated On: February 19th, 2015] [Originally Added On: February 19th, 2015]
- Denmark: Police launch manhunt for Copenhagen cafe shooter - Video [Last Updated On: February 19th, 2015] [Originally Added On: February 19th, 2015]
- Eddie Griffin Freedom of Speech - Eddie Griffin Best Stand Up Full HD--- - Video [Last Updated On: February 19th, 2015] [Originally Added On: February 19th, 2015]
- Greenpeace activist refutes govt charge of being anti-national [Last Updated On: February 20th, 2015] [Originally Added On: February 20th, 2015]
- Two minutes for heckling [Last Updated On: February 20th, 2015] [Originally Added On: February 20th, 2015]
- Jailed Al Jazeera journalist concerned about freedom of speech [Last Updated On: February 20th, 2015] [Originally Added On: February 20th, 2015]
- Fan claims municipal police violating freedom of speech [Last Updated On: February 20th, 2015] [Originally Added On: February 20th, 2015]
- Jailed journalist concerned about freedom of speech [Last Updated On: February 20th, 2015] [Originally Added On: February 20th, 2015]
- Freedom of speech denied outside of Skillet concert Pittsburgh - Video [Last Updated On: February 20th, 2015] [Originally Added On: February 20th, 2015]