Submitted by Gene Howington, Guest Blogger
Two years ago, a district court found Walter Bagdasarian guilty of threatening then-candidate Obama because of the following statements made to a Yahoo.com financial website (warning – racist and coarse language):
“Re: Obama fk the niggar, he will have a 50 cal in his head soon” and “shoot the nig”.
Bagdasarian was convicted under 18 U.S.C. § 879: Threats against former Presidents and certain other persons, which reads in relevant part: “(a) Whoever knowingly and willfully threatens to kill, kidnap, or inflict bodily harm upon; (3) a major candidate for the office of President or Vice President, or a member of the immediate family of such candidate; shall be fined under this title or imprisoned not more than 5 years, or both.” But did what Bagdasarian said constitute a threat or not? A divided panel of the U.S. 9th Circuit Court of Appeals didn’t think so and on Tuesday, they overturned his conviction. The majority reasoning is quite convincing as to why Bagdasarian’s comments were protected free speech.
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