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Appeals court upholds conviction of a man who threatened to kill a family court judge — in a song on YouTube

Jeffries in his YouTube video.

Yesterday, the U.S. Court of Appeals for the Sixth Circuit in Cincinnati upheld the conviction of a divorced Tennessee dad with the unlikely name of Franklin Delano Jeffries II who, in the midst of a custody battle, decided to post a YouTube video of himself singing a song with the sweet title “Daughter’s Love.”

The problem was that only a small portion of the song was actually about daughters and love; the rest was about Mr. Jeffries’ apparent desire to kill the judge overseeing the custody hearings, and possibly others.

As the appeals court judge put it:

The song contains sweet passages about relationships between fathers and daughters and the importance of spending time together. The rest boils into an assortment of the banal (complaints about his ex-wife), the ranting (gripes about lawyers and the legal system) and the menacing (threats to kill the judge if he doesn’t “do the right thing” at an upcoming custody hearing). Jeffries set the words to music and created a video of himself performing the song on a guitar painted with an American flag on it. The style is part country, part rap, sometimes on key, and surely therapeutic. 

Here are the song’s opening verses:

I’ve had enough of this abuse from you.

It has been goin’ on for 13 years.

I have been to war and killed a man.

I don’t care if I go to jail for 2,000 years.

’Cause this is my daughter we’re talkin’ about,

And when I come to court this better be the last time.

I’m not kidding at all, I’m making this video public

’Cause if I have to kill a judge or a lawyer or a woman I don’t care.

One of Jeffries’ lawyers told the Wall Street Journal that this was all a misunderstood attempt at humor and that his client “never dreamed this message would get back to the judge,” a fact seemingly belied by that whole “I’m not kidding at all” line and the bit that followed about making the video public.

He followed this threat with a brief tribute to his daughter:

I love you; daughters are the beautiful things in my life.

It keeps me going and keeps me alive everyday.

And then it was back to threats (I’ve put the direct threats in bold):

I’m not kidding, judge, you better listen to me.

I killed a man downrange in war.

I have nothing against you, but I’m tellin’ you this better be the last court date. …

So I promise you, judge, I will kill a man.

This time better be the last time I end up in court …

And this s___ needs to stop because you’re gonna lose your job.

And I guarantee you, if you don’t stop, I’ll kill you.

’Cause I am gonna make a point either way you look at it somebody’s gotta pay,

And I’m telling you right now live on the Internet.

So put me in jail and make a big scene. …

So I’m gonna f___ somebody up, and I’m going back to war in my head.

So July the 14th is the last time I’m goin’ to court.

Believe that. Believe that, or I’ll come after you after court. Believe that.

I love my daughter.

Nobody’s going take her away from me.

’Cause I got four years left to make her into an adult.

I got four years left until she’s eighteen.

So stop this s___ because I’m getting tired of you,

And I don’t care if everybody sees this Internet site

Because it is the truth and it’s war. …

If fathers don’t have rights or women don’t have their rights or equal visitation,

Get their ass out of office.

’Cause you don’t deserve to be a judge and you don’t deserve to live.

You don’t deserve to live in my book.

And you’re gonna get some crazy guy like me after your ass.

And I hope I encourage other dads to go out there and put bombs in their goddamn cars.

Blow ’em up …

BOOM!

There went your f___in’ car. I can shoot you. I can kill you. I can

f___ you. Be my friend. Do something right. Serve my daughter.

Well, prosecutors took him up on that offer to “put [him] in jail,” and a jury agreed; Jeffries was sentenced to 18 months for his threats. And now the conviction has been upheld in Circuit Court.

You can read  rest of the lyrics and the judge’s opinion here. (It’s in pdf form.)

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Sharculese
12 years ago

@indifferentsky

yeah, the differentiates songs that advocate resistance from songs that target a specific individual with violent threats.

Another answer to the point is that the method of delivering a threat illuminates context, and a song, a poem, a comedy routine or a music video is the kind of context that may undermine the notion that the threat was real. But one cannot duck § 875(c) merely by delivering the threat in verse or by dressing it up with political (and protected) attacks on the legal system. Sure, “one man’s vulgarity is another’s lyric,” but we leave behind “matters of taste and style,” when an individual makes a real threat to harm another.Had Bob Dylan ended “Hurricane” with a threat to kill the judge who oversaw Rubin Carter’s trial, the song’s other lyrics or the music that accompanied them would not by themselves have precluded a prosecution. In the same way, Jeffries cannot insulate his menacing speech from proscription by conveying it in a music video or for that matter by performing the song with a United States flag burning in the background. See Texas v. Johnson, 491 U.S. 397 (1989).

again citations removed

Wait, then again, there are different laws set up for threatening officials right?

875(c) applies to all threats, but no, they wouldnt have made a federal case out of it if he hadn’t threatened a judge.

indifferentsky
12 years ago

Sharculese,
Thank you.
Yes, as I was reading the lyrics I was like…oh… ok. I mean he’s very direct and insistent.
Not a free speech issue.

Anathema
Anathema
12 years ago

Oh, wow, Tamara, that’s an awful story.

And yet, Owly still won’t get it. Sure, Karen didn’t make death threats despite being in a much worse situation. But, in Owly’s mind, women are all evil sluts who are just trying to manipulate men, so it would somehow be evil for her to make a death threat when it’s okay for a man to do the same even when his circumstances aren’t nearly as bad. And something about wearing clothes like female animals in heat and women crying in the streets so men will throw money at them.

RubyHypatia
RubyHypatia
12 years ago

Such a horrible situation for his daughter. I hate to think about what could happen once he gets out of jail.

Falconer
Falconer
12 years ago

And Owly yet again demonstrates that he believes he is the center of the universe, and women invented government just to stomp on his balls.

red_locker
12 years ago

Off topic, Falconer, but…

Your avatar…*fistbump* Red Dwarf for the fucking win.

Falconer
Falconer
12 years ago

daps for red_locker!

Okay, so Freitag did the sci-fi feline character instead of kawaii catlike creature first. But mine’s got more screen time 😛

wordsp1nner
wordsp1nner
12 years ago

This is why I love Manboobz: come for the mockery, stay for the discussions of scifi TV shows with cats.

rjjspesh
rjjspesh
12 years ago

Mm I love the mockery ^__^

Argenti Aertheri
Argenti Aertheri
12 years ago

Ok, nothing against cats (and certainly nothing against Doctor Who cat people) but wtf is with the plethora of cat avatars? I mean, it rocks, and I watched Gridlock just yesterday, but I haz a confused.

And IANAL but I think battery is the actual violence, assault is the threat thereof — thus threats are, in general, illegal.

Dracula
Dracula
12 years ago

It all started when someone (aworldanonymous, I think?) linked to this: http://neutralx0.net/tool/bnmk_e.html

And then it just kinda snowballed from there.

Argenti Aertheri
Argenti Aertheri
12 years ago

Dracula — lol, I can easily see how that turned into a manboobz craze! And fuck, I have to get up in the morning, finally almost catch up here and you link me to make-a-cat. I guess I asked for it, silly me.

cloudiah
12 years ago

Argenti, you must become a cat. 😉

Argenti Aertheri
Argenti Aertheri
12 years ago

But I’m an androgynous ninja!

Ok, I’m working on it, but there are just so many options! XD

Argenti Aertheri
Argenti Aertheri
12 years ago

Would any of our current trolls like to tell me why a raven is like a writing desk?

(This will make a lot more sense if my avatar has updated!)

cloudiah
12 years ago

I am not a troll (IANAT), but your catvatar is adorable!!!

Argenti Aertheri
Argenti Aertheri
12 years ago

d’aww, thank you! It’s time for bed for the cheshire cat and I though. G’night guys, maybe tomorrow I’ll catch up on the reading with time left for some talking.

Oh, question while I’m still up — anyone have recommendations for booze, with the consideration that I can’t use the fridge for the booze itself? Fridge for juice or other not-obvious mixer should be okay.

My father’s a supposedly sober alcoholic, so my mother is wary of allowing booze in the house at all, but said I can drink as long as I store it somewhere he won’t get into it, which means the fridge is right out. I’m half thinking cheap boxed wine, but I drink so little wine that I can never remember which kind is supposed to be at room temp XD

Maybe I’ll find 5 min to check for answers before my mother drags me into the office to do her filing >.< (I kid, I volunteered as it’s better than listening to the father, still, alarm in 6 hours = g’night!)

fembot
12 years ago

@Argenti

Any red wine is good served at room temp. White wines should be chilled. You could buy a bottle of vodka, and mix it with cold juice. A really good drink is malibu rum mixed with pineapple juice, too.

Wetherby
Wetherby
12 years ago

Such a horrible situation for his daughter. I hate to think about what could happen once he gets out of jail.

Still, there are plenty of heeelarious things that might happen to him in jail, right Ruby? What with him being evil and all.

Viscaria
Viscaria
12 years ago

You’re in the States, Argenti? We had warm Caesars last night, they were actually pretty good warm. And you could throw the Clamato in the fridge, assuming people wouldn’t drink it all. But you don’t tend to find it much in the States.

Howard Bannister
12 years ago

Okay, I had five minutes free, and I’ve joined the cat-volution.

This is as close as I can make it come to one of my real-life kitties… the one with the simpler coloring. The other one just plain wasn’t happening. Too much complexity.

She doesn’t always look crazy like that. Just when she’s in a really good mood. Those are good days.

kristinmh
kristinmh
12 years ago

Aw, Owly remembered that I have a baby! I’m so touched.

No, if me and Mr MH got a divorce and he got primary custody, I would not write a song containing death thrw

kristinmh
kristinmh
12 years ago

ARRGH

…death threats against the family court judge. This is kind of a no-brainer, dude.

cloudiah
12 years ago

I swear, I had forgotten about the existence of Clamato but now Viscaria is the 2nd person to have mentioned it in the last couple of days! The other person was talking about the supplies she would need to get through the hurricane, with Caesars being one of the necessities — she even linked to the same Wikipedia page. She’s not Canadian, but she lived in Saskatchewan for about 6 years and that’s where she picked up the habit.

Halite
12 years ago

@ Argenti Aertheri

I am fond of mixing Kahluah (Mr H prefers Bailey’s) mixed at 1:3 or 1:4 (ish) with milk. Milk in fridge, booze elsewhere – voila!

My poision of choice, however, is scotch on the rocks, sometimes with a bit of ginger ale or perrier. Another good choice for keeping booze hidden one place and mixers/additives elsewhere.