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.
