Home -> Law Blog Directory -> Criminal Law Blogs -> Crime & Federalism

Criminal Law

: Crime & Federalism

Blackmail, Extortion, and the First Amendment

Why is blackmail a crime?  More importantly, how can blackmail be criminalize in light of the First Amendment? Here is how the federal blackmail statute reads:  Whoever, under a threat of informing, or as a consideration for not informing, against any violation of any law of the United States, demands or receives any money or other valuable thing, shall be fined under this title or imprisoned not more than one year, or both.18 U.S.C. Sec. 873.  In other words, I can't say, "Gimme 50 grand or I'll tell the cops you're a tax cheat."  Well, why can't I? I have a constitutional right to speak the truth.  I have a constitutional right to report your crimes.  By "blackmailing" you, I am simply refusing to exercise that constitutional right in exchange for money...continue to full post

Full post as published by Crime & Federalism on May 14, 2008 (boomark / email).