Blogger Who Put Juror Info Online Can Be Prosecuted; Intent Will Be Key Issue
Reversing a lower court, a federal appeals panel has given the government a green light to prosecute a self-proclaimed neo-Nazi for posting a juror’s name and publicly available address information on the overthrow.com website after the unidentified man helped convict a fellow white supremacist.
Whether William White intended to encourage potential violence against the foreman of a Chicago jury by doing so is a question of fact for the jury in his own case to decide and the First Amendment guarantee of free speech doesn’t prevent the prosecution of the case, the 7th U.S. Circuit Court of Appeals ruled yesterday. Leagle provides a copy of the opinion.
Prosecutors contend that, in context with other material on overthrow.com, the posting about the juror was threatening, reports the Roanoke Times.
Attorney Nishay Sanan of Chicago represents White. He says he will seek a review by the full court of appeals of yesterday’s decision.
The case will now turn on White’s intent, reports the Associated Press:
“The government has the burden to prove, beyond a reasonable doubt, that White intended, through his posting of Juror A’s personal information, to request someone else to harm Juror A,” the opinion explains.
