Pennsylvania v. Knox (majority)Annotate this Case
In April 2012, Pittsburgh Police Officer Michael Kosko initiated a routine traffic stop of a vehicle driven by Appellant Jamal Knox. Appellant’s co-defendant, Rashee Beasley, was in the front passenger seat. While Officer Kosko was questioning Appellant, the latter sped away, ultimately crashing his vehicle. He and Beasley fled on foot, but were quickly apprehended and placed under arrest. The police found fifteen stamp bags containing heroin and a large sum of cash on Appellant’s person, as well as a loaded, stolen firearm on the driver’s-side floor of the vehicle. At the scene of the arrest, Appellant gave the police a false name. When Detective Daniel Zeltner, who was familiar with both Appellant and Beasley, arrived, he informed the officers of Appellant’s real name. Appellant and Beasley were charged with a number of offenses. While the charges were pending, Appellant and Beasley wrote and recorded a rap song entitled, “F--k the Police,” which was put on video with still photos of Appellant and Beasley displayed in a montage. In the photos, the two are looking into the camera and motioning as if firing weapons. The video was uploaded to YouTube by a third party, and the YouTube link was placed on a publicly-viewable Facebook page entitled “Beaz Mooga,” which the trial evidence strongly suggested belonged to Beasley. The song’s lyrics express hatred toward the Pittsburgh police. As well, they contain descriptions of killing police informants and police officers. In this latter regard, the lyrics referred to Officer Kosko and Detective Zeltner by name. In this appeal by allowance, the issue presented for the Pennsylvania Supreme Court's review was whether the First Amendment to the United States Constitution permitted the imposition of criminal liability based on the publication of the music video containing threatening lyrics directed to named law enforcement officers. "Pennsylvania’s legislative body has made such a policy judgment by enacting statutes which prohibit the making of terroristic threats and the intimidation of witnesses, and for the reasons given Appellant cannot prevail on his claim that his convictions under those provisions offend the First Amendment."