Wow: Ninth Circus Says Call for Obama's Assassination is Free Speech

I consider myself a free speech advocate as much as the next guy, but I never felt comfortable with calls for assassination being considered protected speech, and trust me, I've seen a lot of it... just on signs at lefty protests during the Bush years.

The ultra-liberal Ninth Circuit Court of Appeals disagrees:

A divided panel of the U.S. 9th Circuit Court of Appeals overturned that conviction Tuesday, saying Bagdasarian's comments were "particularly repugnant" because they endorsed violence but that a reasonable person wouldn't have taken them as a genuine threat.

The observation that Obama "will have a 50 cal in the head soon" and a call to "shoot the [racist slur]" weren't violations of the law under which Bagdasarian was convicted because the statute doesn't criminalize "predictions or exhortations to others to injure or kill the president," said the majority opinion written by Judge Stephen Reinhardt.

"When our law punishes words, we must examine the surrounding circumstances to discern the significance of those words' utterance, but must not distort or embellish their plain meaning so that the law may reach them," said the 2-1 ruling in which Chief Judge Alex Kozinski joined but Judge Kim McLane Wardlaw dissented.

The court seems to be saying that the message Walter Bagdasarian communicated wasn't a legitimate threat, and there was therefore not a crime, since a reasonable person should not have inferred that he had the means, motive and opportunity to carry out the threat or equip others to do so.

Am I reading that right?

I guess we can expect to see "Assassinate X with a Y" tee shirts popping up on web sites now.

Wonderful.