For the second time, a federal appeals court has decided not to wait for the U.S. Supreme Court to rule on whether the First Amendment invalidates a federal law that could make it a crime to post threatening statements on Facebook.
The U.S. Court of Appeals for the Tenth Circuit ruled Thursday in United States v. Wheeler that a jury should decide whether Kenneth Wheeler of Colorado actually intended to threaten anyone when he wrote in Facebook posts that his “religious followers” should kill police officers and children.
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