Man's call for Obama assassination is free speech, not crime, court rules

[TalkingDog]

Okay... WTF?

http://latimesblogs.latimes.com/lanow/2011/07/online-call-to-shoot-obama-was-free-speech-not-a-crime-appeals-court-rules.html

A divided panel of the U.S. 9th Circuit Court of Appeals overturned that conviction Tuesday, saying Bagdasarian's comments were "particularly repugnant" because they endorsed violence but that a reasonable person wouldn't have taken them as a genuine threat.

The observation that Obama "will have a 50 cal in the head soon" and a call to "shoot the " weren't violations of the law under which Bagdasarian was convicted because the statute doesn't criminalize "predictions or exhortations to others to injure or kill the president," said the majority opinion written by Judge Stephen Reinhardt.

"When our law punishes words, we must examine the surrounding circumstances to discern the significance of those words’ utterance, but must not distort or embellish their plain meaning so that the law may reach them," said the 2-1 ruling in which Chief Judge Alex Kozinski joined but Judge Kim McLane Wardlaw dissented.

[Ship of Fools]

1. Unreal.

[HopeHoops]

2. Well THAT'S just fucked up. It is a felony to advocate assassination of the president...

..., a member of Congress, or a USSC justice.

[LiberalEsto]

3. And if someone said the exact same thing re Bush Jr.?

Off to the dungeon

[tsuki]

4. Bush test. Would it have been a crime if he had threatened Bush?

[emulatorloo]

5. Yes.

[Bluerthanblue]

6. but just uttering the word bomb can get you arrested at an airport?

:shrug:

this is ridiculous.

[florida08]

7. gads!

this country is effed up

:thumbsdown:

[ThomWV]

8. Good call.

Who can argue with this "When our law punishes words, we must examine the surrounding circumstances to discern the significance of those words’ utterance, but must not distort or embellish their plain meaning so that the law may reach them,"?

Would you prefer that the Court disregard or distort context or the actual words of the law in order to find someone guilty?

[TalkingDog]

10. See the post above re: saying the word bomb in an airport

If the law is evenly and fairly applied, then the folks who say bomb and the folks who say shoot the prez should either both go free or both go to jail.

I agree that threat assessment is in order, but the story didn't go into that. So, knowing what I was told, yes, I'd rather see him in jail.

If I was given information regarding a mental evaluation or a check by the FBI then I would judge based on that. In other words: I'm agreeing with the judge. I need context. The story does not provide it, so I'm going with what I've got.

[Scuba]

9. You mean like this....?

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=439x1301037