Post by discoberry on Jul 22, 2011 15:17:34 GMT -5
In a 2-1 decision, judges on the 9th Circuit Court of Appeals ruled that California resident Walter E. Bagdasarian was engaging in free speech when he wrote that Obama "will have a 50 cal in the head soon," then called on someone to "shoot the nig."
Bagdasarian published his comments on a Yahoo finance website in the weeks leading up to the 2008 presidential election. He was arrested weeks later, after one of the other commenters reported a potential threat to the Secret Service. During a search of his residence, authorities discovered that he did indeed possess a .50 caliber rifle.
"These statements are particularly repugnant because they directly encourage violence," the judges wrote. "We nevertheless hold that neither of them constitutes an offense within the meaning of the threat statute under which Bagdasarian was convicted."
"These statements are particularly repugnant because they directly encourage violence," the judges wrote. "We nevertheless hold that neither of them constitutes an offense within the meaning of the threat statute under which Bagdasarian was convicted."
www.rawstory.com/rs/2011/07/20/court-appeal-to-assassinate-obama-is-protected-speech/
A retired Air Force officer forwarded the postings to the Secret Service. Yahoo provided Bagdasarian's subscriber information to investigators, who raided his house and seized six guns and a hard drive containing an email with similar sentiments.
Bagdasarian admitted posting the messages, but said he was drunk and joking.
Bagdasarian admitted posting the messages, but said he was drunk and joking.
The I am drunk approach...
www.huffingtonpost.com/2011/07/20/walter-bagdasarian-convic_n_904481.html
