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

[BlueStateSaint]

I don't know what to say about the 9th Circus Circuit now.


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



July 19, 2011 |  4:27 pm

A La Mesa man who posted racial epithets and a call to "shoot" Barack Obama on an Internet chat site was engaging in constitutionally protected free speech, a federal appeals court ruled Tuesday in overturning his criminal conviction.

Walter Bagdasarian was found guilty two years ago of making threats against a major presidential candidate in comments he posted on a Yahoo.com financial website after 1 a.m. on Oct. 22, 2008, as Obama's impending victory in the race for the White House was becoming apparent. Bagdasarian told investigators he was drunk at the time.



I'm only posting two paragraphs, as the story is only five long.  There's a copy of the actual decision at the link.

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

Free speech . . . versus a safe society.  Not sure which way I'd go.  I know how lefties will react . . . 

[JohnnyReb]

Free speech . . . versus a safe society.  Not sure which way I'd go.  I know how lefties will react . . . 

They will be conflicted....Bush YES, Obama NO.

[FreeBorn]

Of course the leftists will be outraged, a call to assassinate THE ONE???? Gasp!

On the other hand, this was perfectly A-O.K.~

[youtube=425,350]http://www.youtube.com/watch?v=ojWOWyHWj6M[/youtube]

[NHSparky]

Frankly, neither is okay.  If I was to threaten to kill someone, that's a crime, the severity of which can be as severe as terroristic threatening or simple assault.  Because they're public officials, ANY threat of violence against them needs to be investigated and taken seriously.

Just further proof the 9th Circus is completely out of touch with reality.

[JohnnyReb]

Frankly, neither is okay.  If I was to threaten to kill someone, that's a crime, the severity of which can be as severe as terroristic threatening or simple assault.  Because they're public officials, ANY threat of violence against them needs to be investigated and taken seriously.

Just further proof the 9th Circus is completely out of touch with reality.

Hey, when they were in law school they didn't read those law books. They just ate the covers and licked the binder paste.

[DumbAss Tanker]

Totally unacceptable, and I bet they wouldn't take such an expansive view of free speech if the nutbar had called for the assassination of all the 9th Circus judges, instead. 

[NHSparky]

Totally unacceptable, and I bet they wouldn't take such an expansive view of free speech if the nutbar had called for the assassination of all the 9th Circus judges, instead. 

But remember, these are also the same assclowns who said Stolen Valor was in fact protected speech as well.

[thundley4]

The observation that Obama "will have a 50 cal in the head soon" and a call to "shoot the [racist slur]" 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.

He didn't make a threat, but was wanting others to do the deed. Tough call to make IMO. However, unless this is overturned by a higher court, then the DUmmies are SOL about charging Rush or Beck with incitement.

[Ballygrl]

I disagree with the Court on that, there's enough to diss Obama about that people don't need to go over the edge and try to incite violence on someone.

[MoshMasterD]

Gee, I hope someone puts this story on the DUmp.  I'm dying to get their reaction.

[Boudicca]

I don't see why any politician or public figure should be afforded one iota more or less protection under the law, so my feeling is, if it's protected speech against anyone at CC, DU, or anywhere else, it should be protected speech against Bush, Obama, etc.

Converse is true, imo, if it's considered a threat punishable by law against a president, and someone makes a comment like that against a private citizen, that person ought to be criminally charged as well.

I personally don't find this free speech, and wouldn't regardless of WHO the victim is. 

[DumbAss Tanker]

I don't see why any politician or public figure should be afforded one iota more or less protection under the law, so my feeling is, if it's protected speech against anyone at CC, DU, or anywhere else, it should be protected speech against Bush, Obama, etc.

Converse is true, imo, if it's considered a threat punishable by law against a president, and someone makes a comment like that against a private citizen, that person ought to be criminally charged as well.

I personally don't find this free speech, and wouldn't regardless of WHO the victim is. 

I pretty much agree with that, there is a slightly different, and difficult to account for, element where a public figure is involved though.  An incitement to violence seems a lot more likely to be acted upon when the target is an elected public official, or even a celebrity or pseudo-celebrity like Casey Anthony, than if it is your neighbor who pissed you off over some typical neighbor BS, because nobody else is going to know him or have any grievances of their own to project on him.

[Thor]

Ummm, doesn't anybody recall the numerous death threats and calls for killing Bush?? Sure, they SHOULD be investigated, HOWEVER, I disagree with the majority here. Freedom of speech, however unpopular or loathsome should be protected at all costs. The only reason I wouldn't want Obama assassinated is because it would make him a martyr and possibly start a race war. He IS destroying our Country, step by step, with Executive Orders, circumventing the rule of law & Congress. .

[Boudicca]

I pretty much agree with that, there is a slightly different, and difficult to account for, element where a public figure is involved though.  An incitement to violence seems a lot more likely to be acted upon when the target is an elected public official, or even a celebrity or pseudo-celebrity like Casey Anthony, than if it is your neighbor who pissed you off over some typical neighbor BS, because nobody else is going to know him or have any grievances of their own to project on him.

Yeah, DAT, but as someone who has been stalked twice in her life by unbalanced males, I can safely say that it's no comfort at all to know that you're anonymous to 99.999% of the population when you're a "person of utmost interest" to a loon.  Plus, your average, mundane citizen doesn't have, and can't afford, protection in the form of bodyguards or Secret Service.  And the police are hamstrung until and unless the nutbag causes harm to the person targeted.

[miskie]

Well, at least the 9th Circus is consistent on this one - still wrong - but at least consistently wrong. There is the standard 'yelling fire in a crowded theater' test, and calling for the assassination of anyone fails it.

[Airwolf]

I disagree with the Court on that, there's enough to diss Obama about that people don't need to go over the edge and try to incite violence on someone.

I agree with you but the thing is unless it goes to a higher court and gets over turned it's the law. So now that it is ,what say you members of the DUmp. It's your side that's played this hand?

[FreeBorn]

Does this mean we're going to back to seeing a lot of this stuff again?

[thelaughingman]

Does this mean we're going to back to seeing a lot of this stuff again?

Again?  You mean it stopped?

[diesel driver]

Ummm, doesn't anybody recall the numerous death threats and calls for killing Bush?? Sure, they SHOULD be investigated, HOWEVER, I disagree with the majority here. Freedom of speech, however unpopular or loathsome should be protected at all costs. The only reason I wouldn't want Obama assassinated is because it would make him a martyr and possibly start a race war. He IS destroying our Country, step by step, with Executive Orders, circumventing the rule of law & Congress. .

Even more frightening:  PRESIDENT Joe Biden!   

[Eupher]

Even more frightening:  PRESIDENT Joe Biden!   

That right there is the ultimate showstopper.