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Posting "I Wish Someone Would In Alive Him" About Federal Judge Not a Punishable Threat

Volokh Conspiracy
Read full article →reason.com

Summary

AI-Generated
  • A federal court has dismissed an indictment against a defendant charged with making a threat against Judge John L. Badalamenti, stating that the comment "I wish someone would in alive him" does not constitute a true threat.
  • The court found that the vague statement lacked specific details or context to be considered threatening, emphasizing that mere wishes do not meet the legal threshold for threats under 18 U.S.C. § 875(c).
  • The case arose from reactions to a controversial New York Times article discussing a student's paper on originalism, which Judge Badalamenti had awarded.
  • This ruling highlights the complexities of interpreting online comments and their implications for free speech protections under the First Amendment.

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