A case in Colorado, where the gun control debate has reached a frenzied pitch, may help determine how far a person may go under the guise of free speech before going to jail.
On the fringe, debates over legalizing same-sex marriage may also be inciting people.
“There Will Be Blood! I’m Coming For You...” Defendant Franklin G. Sain said, using sexual and racial epithets often in his communications.
Rhonda Fields, a black Colorado legislator whose son was murdered in a crime committed with a gun, received a letter with those words and numerous emails making similar claims and using similar racist, sexist language. She supports tougher gun laws in a state where there have been two major massacres, Columbine and the Aurora theater shooting.
The sender was an ex-Marine, who has said he has numerous weapons and clips.
In an email, Sain said, “Do you actually think Americans will put up with this … I guarantee there is not enough law enforcement, or military to stop an all out overthrow of this government if you or that (expletive deleted) President tries to take over our guns…Guarantee we will make World War I and II look like childs play, many will die…be prepared…”
The above information comes from the arrest affidavit provided by Denver District Attorney Mitchell Morrisey.
Although Sain’s lawyer says everything he said was covered by free speech, Denver police arrested him.
He was released on $30,000 bail and faces charges for attempting to influence a public servant, a felony, and ethnic harassment, a misdemeanor. He is due in court Friday.
Westword magazine says his position as an executive with SofTec Solutions has been suspended, pending resolution of the case.
There are many more examples of his strong comments available in the court file and news reports.
For example, in an email that also mentioned Fields’ daughter, he said, “Hopefully somebody Gifford’s both of your (expletive deleted) with a gun...."
The reference was to Gabrielle Giffords, the former Arizona congresswoman who was forced to resign after being shot in head during a public meeting in which six people died and 13 were injured.
Working against Sain is not only the character of his remarks, but the volume. He admitted to police he sent as many as eight, plus left messages and sent at least one letter.
The legal question is whether his comments amount to threats. One issue is that in past massacres, the killers did not say who they were going to kill.
In this case, Sain’s remarks are directed at a named individual.
Determining what makes a threat is going to be a matter of opinion in many cases, like pornography.
The late Supreme Court Justice Potter Steward said it was hard to define pornography but “I know it when I see it.”
Sain’s military service in Iraq could help or hurt. On the one hand he has earned the nation’s gratitude, on the other it is clear he was trained to kill.
No specific threat was made against President Obama and the Secret Service said it was taking no action for the time being.
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