Calls to Assassinate the President is Protected Speech, Says 9th Circuit Court

Walter E. Bagdasarian.

Walter E. Bagdasarian.

Stephen C. Webster writes in the Raw Story:

A federal appeals court ruled Tuesday that calling for someone to kill the President of the United States cannot be classified as a threat because standing law does not prohibit “predictions or exhortations” to violence.

In a 2-1 decision, judges on the 9th Circuit Court of Appeals ruled that California resident Walter E. Bagdasarian was engaging in free speech when he wrote that Obama “will have a 50 cal in the head soon,” then called on someone to “shoot the nig.”

Bagdasarian published his comments on a Yahoo finance website in the weeks leading up to the 2008 presidential election. He was arrested weeks later, after one of the other commenters reported a potential threat to the Secret Service. During a search of his residence, authorities discovered that he did indeed possess a .50 caliber rifle.

“These statements are particularly repugnant because they directly encourage violence,” the judges wrote. “We nevertheless hold that neither of them constitutes an offense within the meaning of the threat statute under which Bagdasarian was convicted.”

For more information, see original article.

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32 Responses to Calls to Assassinate the President is Protected Speech, Says 9th Circuit Court

    • DeepCough July 21, 2011 at 4:34 pm #

      No, not fair: after 9/11, people who were against Bush got either investigation or immediate imprisonment, especially if they wrote in an e-mail about how they wanted to attack him.

      • Fgkf July 21, 2011 at 9:02 pm #

        lolwut; you obviously didn’t click on the link

      • Fgkf July 21, 2011 at 9:02 pm #

        lolwut; you obviously didn’t click on the link

  1. DeepCough July 21, 2011 at 8:34 pm #

    No, not fair: after 9/11, people who were against Bush got either investigation or immediate imprisonment, especially if they wrote in an e-mail about how they wanted to attack him.

  2. DeepCough July 21, 2011 at 8:34 pm #

    No, not fair: after 9/11, people who were against Bush got either investigation or immediate imprisonment, especially if they wrote in an e-mail about how they wanted to attack him.

  3. Guest July 21, 2011 at 4:36 pm #

    it’s not gonna do any good to take out the president, unless you take them all out.. is that speech protected?  i hope so.. i wouldn’t be bothered much if it all burnt down and everyone mysteriously ended up dead.. just sayin.. 

  4. Guest July 21, 2011 at 8:36 pm #

    it’s not gonna do any good to take out the president, unless you take them all out.. is that speech protected?  i hope so.. i wouldn’t be bothered much if it all burnt down and everyone mysteriously ended up dead.. just sayin.. 

  5. jasonpaulhayes July 21, 2011 at 6:00 pm #

    Fuck it, Whatever … I’m not going to reduce myself to the level necessary to argue against this.

    AWAKEN MUSTAKRAKISH http://www.youtube.com/watch?v=uCUnhoe0rpU

    • DeepCough July 22, 2011 at 12:40 am #

      Honestly, you should have played “Bloodrocuted.”

      DETHKLOK RULES!

  6. jasonpaulhayes July 21, 2011 at 10:00 pm #

    Fuck it, Whatever … I’m not going to reduce myself to the level necessary to argue against this.

    AWAKEN MUSTAKRAKISH http://www.youtube.com/watch?v=uCUnhoe0rpU

  7. SF2K01 July 21, 2011 at 6:01 pm #

    Don’t know what they’re smoking. Pretty sure incitement is still a crime.

    • jasonpaulhayes July 21, 2011 at 6:08 pm #

      To Rednecks, Obama is just a Fucking House Nigger! That’s just how these people are and nothing short of threatening to kill them will ever shut them up. I don’t even think that will do anything, these people literally are mildly retarded and there is no reasoning with them whatsoever.

      • Watchyourstep July 21, 2011 at 7:32 pm #

        Oh, come on, the guy was drunk out of his mind when he wrote that sh!t.
        ” That’s just how these people are”

        These people? You sound just like him.

      • Watchyourstep July 21, 2011 at 7:32 pm #

        Oh, come on, the guy was drunk out of his mind when he wrote that sh!t.
        ” That’s just how these people are”

        These people? You sound just like him.

      • Jaymalls July 22, 2011 at 2:39 am #

        i guarantee you want ever say “Obama is just a house…” outside your den bro… i can definitely guarantee you that! 
        2nd off, how does this fat donkey fucking red neck get off… but we can just assonate villages of people with drone attacks based of much less. If i say im the head of Al Qaeda and have a gun in the background… i will be considered a enemy of the nation and most likely assassinated. America is the biggest TERRORIST and Obama is the blackest puppet i know. 

  8. Anonymous July 21, 2011 at 10:01 pm #

    Don’t know what they’re smoking. Pretty sure incitement is still a crime.

  9. Liam_McGonagle July 21, 2011 at 6:04 pm #

    Of course.  You can say any obnoxious thing you’d like at all, provided you don’t actually act on it.

    Passive is the new active.

    • rtb61 July 24, 2011 at 12:53 am #

      Fraud is a crime, basically lying for profit. You are free to voice an opinion as long as it is voiced as an opinion. You are free to tell the truth as statements of facts as long as it is the truth.
      You however are not free to lie and profit by those lies.
      You are also not entitled to extort others to violence.
      Note, as the US supreme court has equated spending money with speech, you are also not entitled to bribe people to commit crimes, of course I am not sure about that one in the US any more, based upon the corruption of the US supreme court that one could go either way.

  10. Anonymous July 21, 2011 at 10:04 pm #

    Of course.  You can say any obnoxious thing you’d like at all, provided you don’t actually act on it.

    Passive is the new active.

  11. jasonpaulhayes July 21, 2011 at 10:08 pm #

    To Rednecks, Obama is just a Fucking House Nigger! That’s just how these people are and nothing short of threatening to kill them will ever shut them up.

  12. Watchyourstep July 21, 2011 at 11:32 pm #

    Oh, come on, the guy was drunk out of his mind when he wrote that sh!t.
    ” That’s just how these people are”

    These people? You sound just like him.

  13. Fgkf July 22, 2011 at 1:02 am #

    lolwut; you obviously didn’t click on the link

  14. Fgkf July 22, 2011 at 1:02 am #

    lolwut; you obviously didn’t click on the link

  15. Fgkf July 22, 2011 at 1:02 am #

    lolwut; you obviously didn’t click on the link

  16. DeepCough July 22, 2011 at 4:40 am #

    Honestly, you should have played “Bloodrocuted.”

    DETHKLOK RULES!

  17. Anonymous July 22, 2011 at 6:39 am #

    i guarantee you want ever say “Obama is just a house…” outside your den bro… i can definitely guarantee you that! 
    2nd off, how does this fat donkey fucking red neck get off… but we can just assonate villages of people with drone attacks based of much less. If i say im the head of Al Qaeda and have a gun in the background… i will be considered a enemy of the nation and most likely assassinated. America is the biggest TERRORIST and Obama is the blackest puppet i know. 

  18. Anonymous July 24, 2011 at 4:53 am #

    Fraud is a crime, basically lying for profit. You are free to voice an opinion as long as it is voiced as an opinion. You are free to tell the truth as statements of facts as long as it is the truth.
    You however are not free to lie and profit by those lies.
    You are also not entitled to extort others to violence.
    Note, as the US supreme court has equated spending money with speech, you are also not entitled to bribe people to commit crimes, of course I am not sure about that one in the US any more, based upon the corruption of the US supreme court that one could go either way.

  19. Coreytyron July 24, 2011 at 8:51 pm #

     Good job buddy. To bad he doesn’t understand that congress and the people run the nation, not one man. Even if he did want to assassinate Obama, the rumored (but soon to be fact) military-industrial complex Eisenhower warned about has the power to determine whether the president lives or dies.

  20. Coreytyron July 25, 2011 at 12:51 am #

     Good job buddy. To bad he doesn’t understand that congress and the people run the nation, not one man. Even if he did want to assassinate Obama, the rumored (but soon to be fact) military-industrial complex Eisenhower warned about has the power to determine whether the president lives or dies.

  21. Coreytyron July 25, 2011 at 12:51 am #

     Good job buddy. To bad he doesn’t understand that congress and the people run the nation, not one man. Even if he did want to assassinate Obama, the rumored (but soon to be fact) military-industrial complex Eisenhower warned about has the power to determine whether the president lives or dies.

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