Verbally Threatening A Public Official Is Against The Law
This is information provided in light of recent events in our town.
Free speech is something Americans have always valued. It is the bedrock of our Republic.
There are limits, however. One of those limits, according to the Supreme Court, is making threats, direct or implied, to public officials. The State of Maryland follows the constitutional “true threat” doctrine used by the U.S. Supreme Court and applies it across its threat statutes, including § 3‑708 (Threats Against Public Officials).
Here is a link to that law:
The definition of a "public official" is anyone who holds a national, state, or local public position, such as a President, Congressman, Senator, Governor, Delegate, County Councilman, or even a Town Council or Commission member.
Aside from national and state government, these threats can occur quite openly in hearings, meetings, etc. A citizen gets emotional or upset about an issue and loses control. He says something to an official such as "we're coming to get you," or "you'd better watch out." That could be considered a threat of harm to that official.
Maryland follows the constitutional “true threat” doctrine used by the U.S. Supreme Court and applies it across its threat statutes, including § 3‑708 (Threats Against Public Officials).
A true threat includes:
- Direct threats (“I’m going to hurt you”)
- Implied threats (“You’ll regret this,” said in a menacing context)
- Conditional threats (“If you vote that way, something bad will happen”)
- Gestures or actions that convey intent (approaching aggressively while referencing harm)
What can be questionable is whether a reasonable person in the official’s position would interpret the statement as a serious expression of intent to cause physical harm.
Maryland appellate courts consistently hold:
- A threat does not need to be explicit.
- A threat does not need to specify a method (e.g., “I’ll kill you” vs. “You won’t be around much longer”).
- A threat does not need to be immediate.
- Context matters: tone, history, setting, and the target’s role as a public official.
Courts look at the totality of circumstances, not just the words.
To violate § 3‑708, the threat must be:
- Knowing and willful,
- Communicated to the official,
- Interpretable as a serious intent to kill, kidnap, or injure.
An implied threat can satisfy all three if the circumstances show seriousness.
Examples that could qualify as implied threats:
- “People like you get what’s coming.”
- “You better watch your back after that vote.”
- “I know where you live.”
- “You won’t be safe if you keep doing this.”
None of these explicitly say “I will harm you,” but courts have found similar statements to be prosecutable when directed at officials.
Maryland law does not criminalize:
- Political hyperbole (“You’re ruining this county”)
- Insults (“You’re corrupt”)
- Vague anger without a threat (“This is ridiculous”)
- Statements lacking any suggestion of harm
The line is crossed when the communication reasonably conveys intent to cause physical harm
*A portion of this article in AI generated.
