Can the Feds Charge You for Posting Something Online?

 Posted on July 10, 2025 in Animal Cruelty

People have the right to express strong opinions or criticism online. However, that does not mean that every statement is shielded by free speech principles when it comes to federal criminal law. If you have been charged with a federal internet crime or think you may be under investigation for something you posted online, a Chicago, IL federal crimes defense attorney can help. These cases can be complicated, and fighting a federal agency requires an extensive understanding of the laws that apply.

What Federal Laws Apply to Online Posts?

Federal law covers many types of online conduct that can lead to criminal charges if certain lines are crossed. Consider some examples of statutes that come into play when someone’s online posts spark federal interest:

• Interstate threats and communications: Statute 18 U.S.C. § 875 criminalizes transmitting threats to kidnap or harm another person across state lines, including via online platforms. A single tweet, email, or post can qualify if it is deemed a "true threat." Convictions carry fines and potential prison time, depending on the severity.

• Cyberstalking: Statute 18 U.S.C. § 2261A prohibits using electronic communication to stalk, harass, or intimidate someone. Online harassment or repeated threatening messages could fall under this statute. Penalties may include imprisonment for up to five years, or longer if bodily harm occurs.

• Solicitation to commit a crime of violence: Statute 18 U.S.C. § 373 makes it a crime to solicit, command, or encourage another person to engage in violence. A social media post urging people to commit assaults, vandalism, or other violent acts can trigger federal charges. The penalty can be up to half the sentence of the crime solicited.

• Child pornography offenses: Under statutes 18 U.S.C. § 2251 and §2252, it is illegal to produce, distribute, receive, or possess images of minors engaged in sexually explicit conduct. Sharing this type of material online is prosecuted aggressively. Penalties include lengthy prison sentences, fines, and mandatory sex offender registration.

• Obscenity laws: Various statutes, including 18 U.S.C. § 1465, prohibit the uploading or distributing of obscene materials online. The standards for obscenity have evolved recently. However, certain sexually explicit content remains obscene under federal law. Courts apply community standards and the Miller test, a three-part legal test considering what the average person would find offensive, to determine obscenity.

• Wire fraud: Statute 18 U.S.C. § 1343 defines wire fraud as schemes to defraud or obtain money through false pretenses using electronic communication. Examples include online scams, phishing emails, and fraudulent online sales. Convictions often carry hefty fines and potential prison sentences of up to 20 years.

Where Is the Line Between Free Speech and Criminal Speech Online?

The First Amendment protects a broad range of speech, even offensive or controversial opinions. However, there are exceptions where online expression can become criminal. Categories like child pornography, obscenity, and true threats are not protected. A true threat is more than harsh words. It involves statements that a reasonable person would perceive as a serious expression of intent to harm. Courts look at context, tone, and the specific words used. They consider how a reasonable listener or reader would interpret the statement.

For example, online posts containing violent words directed at a specific person can cross into criminal territory. This is especially true if the targeted person feels threatened or the threat disrupts public safety. A recent federal case involved a 73-year-old California man who posted a violent threat against the president-elect after the 2024 election. He was federally indicted on three counts. Each count carried up to five years in prison.

Speech loses protection if it is part of criminal conduct. Inciting others to commit crimes, participating in conspiracies through online chats, or defrauding people through posts falls outside the First Amendment protection. Even jokes can cause legal trouble if they are specific enough to appear threatening. Sensitive contexts like schools, government buildings, or airports are even more likely to trigger an investigation.

Examples of Online Posts Leading to Federal Charges

Even platforms that feel informal or anonymous have been at the center of serious federal cases. People have faced charges for activities such as:

• Sharing someone’s private information to intimidate or threaten them

• Posting hoaxes or false emergency reports that lead to police responses

• Calling for violence against a known figure or group

• Running scams to steal money from people online

Consider the real-life example of "Torswats," the online handle used by a teenager to orchestrate over 375 false emergency calls. AP news reported that these calls, known as "swatting," triggered armed law enforcement raids on innocent people’s homes. The teen’s online communications provided the evidence that led to federal charges. In another example, a Texas man violated his pretrial release terms by using social media and email to threaten a U.S. Supreme Court justice and some former fraternity brothers. According to the San Antonio Express-News report, a judge revoked the man’s bail and jailed him for cyberstalking.

What Should You Do if the Feds Investigate You for Something You Posted Online?

If a federal agent contacts you about something you posted online, the most important step is to remain calm and avoid volunteering information. Anything you say can be used as evidence. Attempting to explain or justify your post without legal advice could make your situation worse.

It is important to speak to a criminal defense attorney with experience in federal cases as soon as possible. A lawyer can protect your rights and guide your communication with investigators. They will help you understand the legal risks associated with your online activity. An attorney may also be able to intervene early to resolve misunderstandings or negotiate favorable outcomes before charges are filed. Before you take any action, you should talk to your legal representative.

Schedule a Free Consultation With a Chicago, IL Federal Crimes Defense Attorney

If you are facing an investigation or federal charges related to something you posted online, you should not go through it alone. The consequences of federal crimes can be severe. However, an experienced Chicago, IL federal crimes defense lawyer at Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney can protect your rights and help you build your defense. Call us today at 312-629-0669 for a free consultation.