Not waiting for the U.S. Supreme Court to rule on the same issue, a federal appeals court panel on Monday invoked the First Amendment in nullifying the conviction of a Utah man on charges of sending an interstate threat.

The three-judge panel of the U.S. Court of Appeals for the Tenth Circuit ruled in the case of Aaron Heineman of Orem, a white supremacist who sent emails to a University of Utah professor. The messages stated, among other things, “We will convene to detain you and slay you.” The professor was not named in court papers.

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