A woman’s late-night, migraine-fueled email to a talk show host saying that she would go to a government building and show “government hacks” what the Second Amendment “is all about” may not have been intended as an actual threat, but a federal appeals court won’t allow her to hide under the First Amendment, affirming her federal conviction for sending a threatening communication. The court said the government didn’t have to prove the woman actually intended to cause anyone fear.
The interpretation of a 2003 Supreme Court decision on the issue, perhaps more relevant than ever in an age of a polarized politics and easy Internet access for most, is one that has divided the federal courts of appeal. A Miami lawyer said he hopes to take the Nov. 27 ruling by the U.S. Court of Appeals for the Eleventh Circuit up to the U.S. Supreme Court.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
