Does the First Amendment protect this?

A blogger named Harold "Hal" Turner is facing criminal charges over things he wrote online, the National Law Journal reports:

"These Judges deserve to be killed," declared Harold "Hal" Turner on his Web site on June 2. He was attacking three federal judges who earlier that day had upheld Chicago-area bans on handguns.

... He wrote, "Their blood will replenish the tree of liberty." The next day, he posted the judges' names, photos, phone numbers and work addresses. He provided a photo and a map of the Dirksen Federal Building in Chicago, where the court is located, with arrows pointing to "anti-truck bomb barriers." He added, "Behold these devils."

Prosecutors argue that Turner made a "true threat" against the judges. He's arguing that he didn't really make a threat "with intent" -- that he didn't really mean it and the charges were essentially hyperbole. And he says the charges are a violation of his First Amendment rights. He's supposed to go to trial on Dec. 1.

Comments

[D-man]

I'm all for free speech, but this guy is an A-hole.

[Brad]

Even a-holes have rights. Can't wait to see the ACLU spring into action on his behalf.

[Tim P]

People say this kind of stuff all the time... how many times have people threatened Fred Phelps's clan online?

[Jebbers]

Any lawyer types out there? If someone had actually carried out the killing would this guy have been charged with something for being the "mastermind" behind the attack?

[KC Cicero]

This is worrisome from the 1st Amendment point of view. Obviously not a threat itself, it is nonetheless threatening -- an incitement to the nutty to commit violence.

Many is the citizen who has viewed a legislature with the comment "these guys all need to be lined up against a wall and shot"-- but this really does stretch it. He is attempting to conspire with persons unknown, but in a cowardly, hide-his-hand way.

Sort of like the bishops who say a doctor doing abortions is committing murder -- but are shocked, shocked that their followers might use violence.

[tgif]

I think you cross the line when you start getting specific. Here's who I'm targeting, here's where you can find him, and here's what I want you to do to him. A little different than saying all judges must die.

[Cousin Eddie]

I wonder how this guy would react if someone posted his name, address and other personal info with a picture of his house using the same language?

[Keith G. in P.V.]

KC Cicero, I think I largely agree with you. I can defend this guy on June 2, not for my like of his content, but for his right to say it.

On June 3, however, I think he clearly made executions possible when he posted the judges' names, photos, phone numbers and work addresses, a photo and a map of the Dirksen Federal Building with arrows pointing to "anti-truck bomb barriers."

I think at that point, it's beyond an expression of anger and disagreement. It makes it an invitation to assassination, if you will.

[Jellybean]

I like how KC Cicero set himself up to be hired for the defense OR the prosecution. He's just not sure which way he wants to take his career...
"It's not a threat" "But it's threatening"
"Lots of folks say this stuff" "He's conspiring with people unknown!"

You'd be fun in a debate, Cicero, because you're very versatile.

[KC Cicero]

The ability to see both sides -- strengths & weaknesses -- is what being a lawyer is all about.

It is also what living in a free society is all about. Those who are always certain are dangerous to those of us who are not. Spelling "truth" with a capital "T" is a very dangerous thing.

[Tom K]

He made it a really hard question when he threw in the names and addresses. It is a valid defense when the writer believes firmly that no adverse actions will be taken against the people who he names.

One thing is that for some reason it's OK for all of us to want to kill Saddam Hussein for violating the rights of his people but it's not all right to wish the same thing if it's officials in the United States who are actually harming us. The US does make its official misconduct seem more acceptable when it has a lower body count, but too many good people and good businesses are being shut down illegally by corrupt officials. Too many lives are being ruined by the corrupt use of the legal system. At the same time we don't seem to be able to do much about "real" crime.

[Man in a Mission]

How is what this guy did any different from what the anti-abortion groups do everyday? If this is a crime, then so is the incitement on websites of such groups as Army of God, and until fairly recently to be found on the websites of such 'mainstream' groups as Operation Rescue and Kansans for Life.

[AG]

On line ranting is one thing. If he'd stopped at saying the guy was better off dead, I'd say that was likely to be protected speech. Providing names, addresses, and a map with directions to the people you want killed sounds like a handbook for a hired killer.

How would you feel if your neighbor was posting those things about you?

[Drasil]

Whereas I disagree with what he did, I also disagree with his prosecution. With all the insanity in our laws and enforcement, maybe he truly feels that the tree of liberty needs to be refreshed. Looks like he'll be one of the first.

[Tom K]

MIAM, the anti-abortion people are worse. They actually carry out the killings. Wasn't Tiller number nine?