Court reverses conviction on online Obama threat
Lawyer Blogs
A federal appeals court on Tuesday overturned the conviction of a man who posted Internet messages threatening Barack Obama during his 2008 presidential campaign.
A divided three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that Walter Bagdasarian's violent and racist screeds against Obama were "repugnant" but not criminal. The court also said it was obvious the San Diego man wasn't planning to attack the candidate and that the postings were protected by Bagdasarian's free speech rights.
Bagdasarian was convicted in 2009 of two felony counts of threatening a major presidential candidate.
Bagdasarian posted several messages to a Yahoo Finance message board in October 2008, including one that called Obama a racial epithet and another that said "he will have a 50 cal in the head soon" — a reference to a .50 caliber gun.
A retired Air Force officer forwarded the postings to the Secret Service. Yahoo provided Bagdasarian's subscriber information to investigators, who raided his house and seized six guns and a hard drive containing an email with similar sentiments.
Bagdasarian admitted posting the messages, but said he was drunk and joking.
He waived his right to a jury trial. District Judge Marilyn L. Huff found him guilty and sentenced him to 60-days in a half-way home.
But the appeals panel said no "reasonable person" could have taken seriously Bagdasarian's posts.
Related listings
-
Vt. judge denies bid to keep nuke plant open
Lawyer Blogs 07/19/2011A federal judge said Monday he would not order that Vermont's only nuclear plant be allowed to remain open while a lawsuit to determine its long-term future plays out.The state is moving to close the Vermont Yankee plant, with both the governor and t...
-
Ex-teacher files insanity plea in Ohio sex case
Lawyer Blogs 07/14/2011A former high school teacher charged with 16 counts of sexual battery involving male students in southwest Ohio was taken advantage of by the teens because of an impairment that made her unable to protect herself, her defense team said Wednesday. Att...
-
Biesecker named to NC investigations, court beats
Lawyer Blogs 07/12/2011Michael Biesecker, an award-winning reporter and investigative journalist for The News & Observer of Raleigh, has been hired by The Associated Press to cover federal courts, investigations and politics in North Carolina. Biesecker is a North Caro...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.