United States v. Jeffries, No. 11-5722 (6th Cir. 2012)Annotate this Case
Tangled in a prolonged legal dispute over visitation rights to see his daughter, Jeffries wrote a
song, “Daughter’s Love,” which contains passages about relationships between fathers and daughters, but also includes complaints about his ex-wife, ranting gripes about lawyers and the legal system, and threats to kill the judge if he doesn’t “do the right thing” at an upcoming custody hearing. Jeffries created a video of himself performing the song on a guitar painted with an American flag and posted the music video on YouTube. He shared it with friends, family and the media. In the video, Jeffries says “This song’s for you, judge.” Agents charged Jeffries with violating a federal law that prohibits “transmit[ting] in interstate or foreign commerce any communication containing any threat to . . . injure the person of another” 18 U.S.C. 875(c). A jury convicted Jeffries. The Sixth Circuit affirmed. All that the First Amendment requires in the context of a section 875(c) prosecution is that the threat be real; there was sufficient evidence to convict.