FAQs

Additional Details

a. Penalized individuals may eliminate the penalty by retracting, expressing regret and/or apologizing in a forum equivalent to that in which the comments in question were made.

b. Individuals who make off-hand comments that on the surface call for violence or harassment but may not believe that violent or harassing actions should be carried out will still be penalized. Coming from a leader, words that advocate violence or harassment, regardless of intent, run the risk of causing action. Examples:

A clear call for harassment is penalized. Rep. Maxine Waters (CA-D) was penalized for advocating the harassment of Trump Administration cabinet members saying "If you see anybody from that cabinet in a restaurant, in a department store, at a gasoline station, you get out and you create a crowd. And you push back on them. And you tell them they're not welcome anymore, anywhere."

Words clearly calling for violence regardless of intent are penalized. Gov. Ron DeSantis (FL-R) was penalized for advocating physical violence against a domestic political opponent by saying of Dr. Anthony Fauci, "Someone needs to grab that little elf and chuck him across the Potomac." Although Dr. Fauci himself said he believed that DeSantis did not intend for harm to actually come to him, DeSantis’ words clearly suggested violence.

Pictures and videos that depict violence against political opponents are penalized. Rep. Paul Gosar (AZ-R) was penalized for advocating physical violence against a domestic political opponent for suggesting physical violence by posting an anime video of himself killing Democratic Congresswoman Alexandria Ocasio-Cortez (NY-D) and preparing to attack President Joe Biden.

Language that may be read to imply but does not clearly call for violence or harassment will not be penalized. Sen. Chuck Schumer (NY-D) said of Justices Neil Gorsuch and Brett Kavanaugh “you have released the whirlwind and you will pay the price.” While his words spoke of consequences, the Senator did not directly call for violence or harassment and therefore was not penalized.