The New Mexico House of Representatives overwhelmingly passed legislation that would impose criminal penalties on anyone who threatens a judge or the judge’s family members. The bill, which passed the House by a vote of 59-7, now heads to the state senate.
The proposed law would make it a misdemeanor to “doxx” any judge by sharing his or her personal information. Under the same law, it would be a fourth-degree felony to threaten a judge or the judge’s family with the intent of causing fear of great harm, disrupting the judge’s official duties, or retaliating for work done in court.
Some House members expressed concern that the bill criminalizes free speech. I am sympathetic to the concern that political speech be open, but the issue here is altogether different. Every ordered society limits the permissibility of threatening language. Here, threat to judges place a substantial risk of undermining the efficacy and legitimacy of the judicial system. Judges are prepared to have people upset with their decisions, but it is altogether different to ask them to serve when they are physically threatened.
We have seen too much of this behavior in recent years, including the recent threats to the young children of the judge in the Kyle Rittenhouse criminal trial. Criminalizing such malfeasance is long overdue.