Web Talk Show Host Employs First Amendment Defense

Hal Turner, the Web talk show host and blogger who said three federal appellate judges “deserved to be killed,” may use a First Amendment defense in his trial. Turner appeared in federal court on Tuesday and pled not guilty to all charges.

At his bond hearing, defense attorney Michael Orozco said that Turney was not a threat to the community and added that 47-yeary-old Turner had served as an FBI informant from 2002 through January 2007. According to Orozco, Turner provided information about a potential assassination attempt on President Obama. However, Orozco had only Turner’s word to prove his FBI affiliation and said he would seek independent confirmation. Assistant U.S. Attorney Bill Hogan told the judge that he was unaware of the FBI connection until it was mentioned in court.

Orozco also told the judge that Turner was expressing “outlandish” opinions when he published an angry post about the judges. He argued that Turner never actively advocated for the murders of the judges, but simply stated an opinion protected under the First Amendment. “There was no threat contained therein,” Orozco stated. “He opined.”

Turner was upset because the judges ruled on June 2 that a Chicago handgun ban should stand in National Rifle Association v. Chicago. A day later, Turner published the whereabouts of Chief Judge Frank Easterbook, Judge Richard Posner and Judge William Bauer, including work addresses, photos and phone numbers.

U.S. Magistrate Judge Martin Ashman delayed his decision on whether to free Turner on $200,000 bail. Orozco will have ten more days to produce evidence that Turner is not a danger. Turner is also battling charges in Connecticut for telling people there to “take up arms” against state legislators.

Orozco said he would try to subpoena Turner’s FBI handler for the August 10 continuation of the bond hearing. The judge will determine at a later date whether Turners postings are constitutionally protected.

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