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Cosmetologists can鈥檛 shoot a gun? FIRE鈥榖lasts鈥 tech college for punishing student over target practice video

果冻传媒app官方鈥檚 Legal Network sprung into action after a student was suspended for 鈥渂lasted鈥 comment and a video of her firing a gun, winning a temporary restraining order against the college in court. But concern remains over how 鈥榯rue threats鈥 are misused to punish protected speech. 
Woman with hair pulled back aiming a gun down range

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Language can be complicated. According to Merriam-Webster, the verb 鈥渂last鈥 has as many as  鈥 鈥渢o play loudly,鈥 鈥渢o hit a golf ball out of a sand trap with explosive force,鈥 鈥渢o injure by or as if by the action of wind.鈥

Recently, the word has added another definition to the list. Namely, 鈥渢o attack vigorously鈥 with criticism, as in, 鈥渢o blast someone online鈥 or 鈥渢o put someone on blast.鈥 This  has  a  .

That鈥檚 what Leigha Lemoine, a student at Horry-Georgetown Technical College, meant when she posted in a private Snapchat group that a non-student who had insulted her needed to get 鈥渂lasted.鈥 

But HGTC鈥檚 administration didn鈥檛 see it that way. When some students claimed they felt uncomfortable with Lemoine鈥檚 post, the college summoned her to a meeting. Lemoine explained that the post was not a threat of physical harm, but rather a simple expression of her belief that the person who had insulted her should be criticized for doing so. The school鈥檚 administrators agreed and concluded there was nothing threatening in her words.

But two days later, things took a turn. Administrators discovered a video on social media of Lemoine firing a handgun at a target. The video was recorded off campus a year prior to the discovery, and had no connection to the 鈥渂lasted鈥 comment, but because she had not disclosed the video鈥檚 existence (why would she be required to?), the college decided to suspend her until the 2025 fall semester. Adding insult to injury, HGTC indicated she Lemoine would be on disciplinary probation when she returned. 

Leigha Lemoine selfie and shooting
Screenshots of Leigha Lemoine's video on social media.

HGTC administrators claim Lemoine鈥檚 post caused 鈥渁 significant amount of apprehension related to the presence and use of guns.鈥 

鈥淚n today鈥檚 climate, your failure to disclose the existence of the video, in conjunction with group [sic] text message on Snapchat where you used the term 鈥榖lasted,鈥 causes concern about your ability to remain in the current Cosmetology cohort,鈥 

Never mind the context of the gun video, which had nothing to do with campus or the person she said needed to get 鈥渂lasted.鈥 HGTC was determined to jeopardize Lemoine鈥檚 future over one Snapchat message and an unrelated video. 

Colleges and universities would do well to take Lemoine鈥檚 case as a reminder to safeguard the expressive freedoms associated with humor and hyperbolic statements. Because make no mistake, FIREwill continue to blast the ones that don鈥檛.

FIRE wrote to HGTC on Lemoine鈥檚 behalf on Oct. 7, 2024, urging the college to reverse its disciplinary action against Lemoine. We pointed out the absurdity of taking Lemoine鈥檚 鈥渂lasted鈥 comment as an unprotected 鈥true threat鈥 and urged the college to rescind her suspension. Lemoine showed no serious intent to commit unlawful violence with her comment urging others to criticize an individual, and tying the gun video to the comment was both nonsensical and deeply unjust. 

But HGTC attempted to blow FIREoff and plowed forward with its discipline. So we brought in the big guns 鈥 FIRELegal Network member  at Le Clercq Law Firm took on the case, filing an emergency motion for a temporary restraining order. On Dec. 17, a South Carolina federal district court ordered HGTC to allow her to return to classes immediately while the . 

Jokes and hyperbole are protected speech

Colleges and universities must take genuine threats of violence on campus seriously. That sometimes requires investigations and quick institutional action to ensure campus safety. But HGTC鈥檚 treatment of Lemoine is the latest in a long line of colleges misusing the 鈥渢rue threats鈥 standard to punish clearly protected speech 鈥 remarks or commentary that are meant as jokes, hyperbole, or otherwise unreasonable to treat as though they are sincere. 

Take over-excited rhetoric about sports. In 2022, Meredith Miller, a student at the University of Utah, posted on social media that she would detonate the nuclear reactor on campus (a  with a microwave-sized core that one professor said 鈥渃an't possibly melt down or pose any risk鈥) if the football team lost its game. Campus police arrested her, and the Salt Lake County District Attorney鈥檚 Office charged her with making a terroristic threat

The office eventually dropped the charge, but the university tried doubling down by suspending her for two years. It was only after intervention from FIREand an outside attorney that the university relented. But that it took such significant outside pressure 鈥 especially over a harmless joke that was entirely in line with the kind of hyperbolic rhetoric one expects in sports commentary 鈥 reveals how dramatically the university overreacted.

Political rhetoric is often targeted as well. In 2020, Babson College professor Asheen Phansey found himself in hot water after posting a satirical remark on Facebook. After President Trump tweeted a threat that he might bomb 52 Iranian cultural sites, Phansey jokingly suggested that Iran鈥檚 leadership should publicly identify a list of American cultural heritage sites it wanted to bomb, including the 鈥淢all of America鈥 and the 鈥淜ardashian residence.鈥 Despite 果冻传媒app官方鈥檚 intervention, Babson College鈥檚 leadership suspended Phansey and then fired him less than a day later. 

Or consider an incident in which Louisiana State University fired a graduate instructor who left a heated, profanity-laced voicemail for a state senator in which he criticized the senator鈥檚 voting record on trans rights. The senator reported the voicemail to the police, who investigated and ultimately identified the instructor. The police closed the case after concluding that the instructor had not broken the law. You鈥檙e supposed to be allowed to be rude to elected officials. LSU nevertheless fired him.

More examples of universities misusing the true threats standard run the political gamut: A Fordham student was suspended for a post commemorating the anniversary of the Tianneman Square massacre; a professor posted on social media in support of a police officer who attacked a journalist and was placed on leave; an adjunct instructor wished for President Trump鈥檚 assassination and had his hiring revoked; another professor posted on Facebook supporting Antifa, was placed on leave, and then sued his college. Too often, the university discipline is made more egregious by the fact that administrators continue to use the idea of 鈥渢hreatening鈥 speech to punish clearly protected expression even after local police departments conclude that the statements in question were not actually threatening.

What is a true threat?

Under the First Amendment, a true threat is defined as a statement where 鈥渢he speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.鈥 

That eliminates the vast majority of threatening speech you hear each day, and for good reason. One of the foundational cases for the true threat standard is Watts v. U.S., in which the Supreme Court ruled that a man鈥檚 remark about his potential draft into the military 鈥 鈥淚f they ever make me carry a rifle, the first man I want to get in my sights is LBJ鈥 鈥 constituted political hyperbole, not a true threat. The Court held that such statements are protected by the First Amendment. And rightfully so: Political speech is where the protection of the First Amendment is 鈥at its zenith.鈥 An overbroad definition of threatening statements would lead to the punishment of political advocacy. Look no further than controversies in the last year and a half over calls for genocide to see how wide swathes of speech would become punishable if the standard for true threats was lower. 

Colleges and universities would do well to take Lemoine鈥檚 case as a reminder to safeguard the expressive freedoms associated with humor and hyperbolic statements. Because make no mistake, FIREwill continue to blast the ones that don鈥檛.

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