Feds: First Amendment Not Applicable When Criticizing Judges?

The internet radio host, Hal Turner, apparently commented on a recent handgun case in Chicago, where the appellate court had upheld the ban placed on handguns.

Mr. Turner, allegedly commented on his radio show that, “Let me be the first to say this plainly: These judges deserve to be killed." He allegedly further posted the judges pictures and work contact information on his website.

Obviously, any talk or communication that suggests injuring or harming someone is wrong, and as Mr. Turner will learn, can possibly put you in jail. But, assuming the above statement was made as stated, should that be a crime? Mr. Turner did not advocate the actual killing of the judges, only that they deserved to be killed.

Under most states laws, a threat can only be criminal if it is clearly a threat to harm or injure a person, and that there is an imminent potential of carrying out that threat. Those factors don’t appear to be present here.

Is the U.S. Attorney in Chicago, Patrick Fitzgerald, (the same one who is prosecuting the former Governor of Illinois, Rod Blagojevich) suggesting that Federal judges are immune from criticism? It certainly appears that way.

Now, Mr. Turner could have been more articulate in his personal assessment of the appellate judges, but does Mr. Fitzgerald really believe he can prove that Mr. Turner threatened to kill the judges?

Whereas I am sure the U.S. Attorney’s Office was taking a proactive approach in stopping any kind of potential harm to the Appellate jurists,the defense lawyer for Mr. Turner will have a field day with this case, if it ever gets out from the Grand Jury. Without more, Mr. Turner’s comments were just ill advised and completely inappropriate andI believe that eventually this case will be dismissed, based upon the known facts.

I understand what the Fed’s were trying to prevent, but can’t this be done without trampling on the First Amendment? I fear that under the previous administration and especially under the current administration, the First Amendment will continue to be under fire.

Stephen P. Naratil
crimelawyer@mac.com
www.bayareacrimelawyer.wordpress.com