Despite backlash from fans, and calls for social media sites to intervene, Kanye West's recent claymation decapitation of Pete Davidson is most likely protected by the First Amendment
Violent Crimes
Ye’s behavior can arguably be categorized as civil assault or a range of criminal acts, from stalking or menacing to aggravated harassment. But all of them require that he cause a reasonable fear of harm. According to, Davidson found the depiction “hysterical” and is “not threatened by Kanye in any way, shape or form,” which would preclude liability.However, even if Davidson has nothing to fear from West directly, the rapper’s fans are another story.
The U.S. Supreme Court has sharply curtailed liability for so-called “incitement,” protecting violent speech unless it is “directed to inciting or producing imminent lawless action and is likely to incite or produce such action.” And “imminent” means what it says — not “sooner or later.” The fact that no one has taken a run at Davidson in the week since the video dropped is likely dispositive of the issue.
A claim for intentional infliction of emotional distress would be a long shot as well. The First Amendment offers a wide berth to political and artistic expression, particularly when directed at famous people. As Ye correctly observed, “Art is protected as freedom of speech.”Just because the First Amendment protects Ye’s ugly rhetoric doesn’t mean that social media platforms are obligated to let him continue posting. As private entities, they can set their own rules.
This kind of unfettered discretion does not sit well with everyone. Liberals and conservatives alike — for different reasons — have called for greater regulation of social media. But are the platforms up to the task? Dan’s experience says otherwise.
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