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Free Speech

Prosecution Over Threat to American Federation of Teachers President Randi Weingarten Can Go Forward

Eugene Volokh | 11.7.2026 12:00 PM

From U.S. v. Spitzer (N.D. Ga.), filed by Magistrate Judge John Larkins on Oct. 9, and just affirmed Wednesday by Judge Eleanor Ross:

The indictment alleges that on July 23, 2024, Mr. Spitzer posted the following message on the website for the American Federation of Teachers, a labor union, regarding its president ("Individual #1"):

[Individual #1] is an ignorant incompetent cunt that should be worried for her safety. Fact that she is still alive. Liberal nazi deserves the bullet to head. Resign before she ends like what happened to trump at his speech. They won't miss fat bitch.

The indictment alleges that the post violated 18 U.S.C. § 875(c), which makes it a federal crime to transmit in interstate commerce any communication containing a threat to injure another person.

Mr. Spitzer argues that assuming the allegations in the indictment were true, it fails to state an offense because the posting was not a "true threat," or even a threat at all, and thus is protected by the First........

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