This is an interesting ruling.

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

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.

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 [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.

"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.

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

Thats California For ya!

I mean if you had the same conversation and someone happens to overhear you it's no big deal either, but he blasts it on you tube..did he say, "I am going to shoot Obama?"

I don't think he said he was personally going to do it.

Exhortation.

Exactly...so who how could they prosecute that...I mean i said that before he was even elected...

Wishing bad on other humans is a sign of mental unwellness though. IMO

I never liked Bush but I never wished anything bad on him. Because it shines badly on me to do so.

Not only was he prosecuted he was convicted.

Yep, and then overturned...

Not when it is used as a defense mechanism...especially after you felt like you have been screwed in the aszz..

interesting.

Why, you a supporter all this sudden?

supporter of what, exactly?

OBAMA, he(the convicted) was obviously upset, and felt like someone was more than likely to take control of the situation. not necessarily himself but someone. I agree. I agree the same for Casey Anthony....when people feel like the Gov has screwed over "americans" then chances are actions will be taken. I am asking what do you find interesting about that Quote? Because you agree/disagree?

You obviously don't pay much attention to this section if you are going to ask me if I am supporter of Obama.

I was simply remarking to the fact that your motive theory was interesting.

I am paying attention, which is why i asked you what was so interesting about my motive, you are the one who got confused, so I had to lay it out for you...

hence my comment, "all this sudden"

I'm not confused. I am in total awareness.

People say a lot of things when they are in "defense" mode. Mostly a lot of talk and no action. Wishing something bad on someone does not necessarily represent mental un-wellness. same can go for people[as in this case] who are drunk.

Its an election. No individual has any control on the outcome. To be that angry and call for someone to shoot him with a .50 cal sniper rifle is a bit absurd.

Speaking of being drunk..

What about?

wasn't california's constitution that guaranteed his right to free speech. was the first amendment.

I mean if you had the same conversation and someone happens to overhear you it's no big deal either, but he blasts it on you tube..did he say, "I am going to shoot Obama?"


doesn't matter who it was as long as he wasn't president at the time.

Well there you go...