The world has been watching the Kanye West and Kim Kardashian divorce play out publicly for over a year now, but Kanye’s public outbursts intensified once Kim started dating Pete Davidson. Last week, Kanye released a new music video disturbingly depicting West decapitating and burying alive a cartoon version of Pete Davidson, raising even more serious concerns and questions about where the line between free speech and criminal activity lies.
Can Kanye West Face Legal Charges for this Video?
The first most obvious question is whether the video rises to the level of a criminal offense. Evaluating the scenario exclusively through the lens of Texas law, it would be tough for law enforcement to prosecute Kanye for solely producing the video, even though it could be interpreted as a threat. Artistic freedom and the first amendment right to speech are highly valued and protected.
However, if you’ve been following Kanye’s behavior the last few months, an argument could certainly be made that the video, combined with the tweets, text messages, etc.. all direct at and about Davidson might constitute the criminal offense of harassment. In Texas, an individual commits the crime of harassment through a myriad of different actions, if those actions are done with the intent to alarm, annoy, torment, abuse, or embarrass another. It doesn’t take a legal expert to recognize that Kanye’s repeated actions towards and about Davidson have seemingly been done with that intent.
Does Pete Davidson Have Any Legal Recourse Against Kanye West?
The second question would be whether Pete Davidson has any recourse or protection from the apparent threat made in West’s music video. Again under the umbrella of Texas law, Davidson could qualify for a protective order if he believes that the words in West’s song and the depiction in West’s video were direct threats to hurt him. Typically in Texas, to obtain a protective order based on threats of harm the applicant needs to have a present or past dating or family relationship with the person who made the threat. However, because Pete Davidson’s current romantic partner, Kim Kardashian, was married to Kanye West, Davidson would technically fall under the protection of Texas courts from West’s alleged threats. The benefit of a protective order is that any violation of the order is in and of itself a criminal offense, offering a stronger incentive for the alleged abuser to abide by the terms of the order.
At this point it seems doubtful that anything legal will actually be pursued by Davidson, and social media responses from both he and Kim seem concerned and frustrated, but also sensitive to what seems to be deteriorating mental health on West’s part. However, if the behavior continues to escalate, seeking legal protection should always be an option. If you or someone you know is experiencing harassment or threats of harm, contact The Fox Firm today to learn more about your options.
If you need assistance with depression or mental health issues, call the NAMI Helpline at 800-950-NAMI.
If you or someone you love is being threatened or hurt, call the National Domestic Abuse Hotline at 800-799-7233.