In what could be a first, a tweet has led to a restraining order. Steve Russell, an Arizona State University student tweeted that he would “not hesitate to punch Connerly in the face if I saw him … Just sayin.” The Connerly is Republican Ward Connerly, who is considered the man behind Arizona’s Proposition 107, which outlaws race and gender-based preferences, or affirmative action, in hiring and university admissions.

Russell may have thought that the alleged Twitter threat was all in good fun, but Connerly took a different view. After hearing of the post, Connerly filed for a restraining order and a Maricopa County judge granted it, requiring that Russell stay 100 feet away from Connerly, the Arizona Republic reports.

Connerly saw it differently: “I can’t afford not to take these things seriously,” he said.

It’s an interesting case because the alleged Twitter threat is slightly vague and it’s hard to say whether Russell was serious. Nevertheless, the judge felt it was actionable enough to issue the restraining order. It seems that the fact that it came by way of a tweet had no bearing on the decision. It does serve as an interesting example of the fine line between hyperbole and a threat. The safe route is to avoid not only direct threats, but also statements that could have the appearance of being a threat. But of course, not everyone will choose the safe route.

I can only wonder whether the court have issued a restraining order if Russell said any of the following?

  • I sure would like to punch Connerly in the face
  • Connerly deserves to be punched in the face
  • Connerly has a punch to the face waiting with his name on it
  • Can someone punch Connerly in the face?

Related Resources:

  • Prop. 107 proponent gets restraining order over tweet (KTAR)
  • What is a Temporary Restraining Order (TRO)? (FindLaw’s Law and Daily Life)
  • Michele Bundy Files Restraining Order Against Shannon Sharpe (FindLaw’s Tarnished Twenty)

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