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Saturday, June 22, 2013

Ind. Courts - More on: Compare Ind. case involving Dearborn County judge and fed. case involving 7th Cir. judges

Updating this ILB post from yesterday, How Appealing now has another post (here was the first) on the 2nd Circuit opinion in United States v. Turner issued yesterday, re threats against three 7th Circuit judges.

Among the links given is this one to the NY Law Journal story by Mark Hamblett headed "Circuit Finds Blogger Issued 'True Threat' Against Judges," that includes:

Turner published a blog post on June 2, 2009 following the Seventh Circuit 's decision in National Rifle Association of America v. Chicago, 567 F.3d 856 (7th Cir. 2009).

"Let me be the first to say this plainly: These judges deserve to be killed. Their blood will replenish the tree of liberty. A small price to assure freedom for millions," he wrote.

Turner then referred to the murders of U.S. District Judge Joan Lefkow's husband and mother in the judge's Chicago home in 2005, connecting it to Lefkow's role in a case involving white supremacist Mathew Hale and his organization "World Church of the Creator."

Lefkow had ruled against Hale in a 2002 trademark infringement case, finding that his church infringed on a trademark belonging to another group. In 2003, Hale was arrested for plotting to kill Lefkow. In 2005, Hale was convicted of soliciting Lefkow's murder, and he was sentenced to 40 years in prison.

On June 3, 2009, Turner posted photos of the three Seventh Circuit judges, the room numbers of their chambers at the Everett McKinley Dirksen U.S. Courthouse, photos of the courthouse and a map that indicated the location of "Anti-truck bomb barriers."

From earlier in the story:
Second Circuit Judge Debra Ann Livingston and Eastern District Judge Brian Cogan, sitting by designation, said the evidence at Turner's trial in Brooklyn federal court was "more than sufficient" to meet each of the elements for threatening a federal judge under 18 U.S.C. ยง115(a)(1)(B) and that "Turner's conduct was unprotected by the First Amendment."

Judge Rosemary Pooler dissented in United States v. Turner, 11-196-cr, saying "as a matter of law" Turner's speech was not a "true threat" under the statute and the First Amendment.

Here is a long list of earlier ILB posts on Brewington v. State, the jailed blogger, free speech case.

Posted by Marcia Oddi on June 22, 2013 04:47 PM
Posted to Indiana Courts