United States v. Bagdasarian
652 F.3d 1113
| 9th Cir. | 2011Background
- Bagdasarian posted two incendiary messages about Obama on a Yahoo Finance message board two weeks before the 2008 election.
- He used the screen name californiaradial; postings included racial slurs and exhortations to violence.
- Secret Service investigated after a third party reported the messages; IP/subscriber data traced to Bagdasarian.
- Law enforcement found firearms, including a .50 caliber rifle, at Bagdasarian's home; emails linking to violent imagery were found on his computer.
- Superseding indictment charged two counts under 18 U.S.C. § 879(a)(3) for threatening to kill or inflict bodily harm on a major presidential candidate; Bagdasarian waived jury trial and was convicted in district court.
- The Ninth Circuit reversed on appeal, holding the statements were not true threats under the statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the statements were true threats under § 879(a)(3) | Bagdasarian violated § 879(a)(3) by threatening Obama | Speech was not a true threat under Black’s standard | Yes/No: Court held not true threats; conviction reversed |
| Whether the analysis required is subjective only or both objective and subjective under § 879(a)(3) | Statute requires subjective intent as element | Objective context matters but not dispositive | Conviction reversed due to insufficient evidence of true threat |
| Whether the government proved Bagdasarian’s subjective intent to threaten | Evidence showed intent to threaten Obama | No clear subjective intent; statements were predictive/exhortatory | Conviction reversed for lack of sufficient subjective intent |
Key Cases Cited
- Virginia v. Black, 538 U.S. 343 (U.S. 2003) (true threats require intent to threaten; allows punishment of true threats)
- Watts v. United States, 394 U.S. 705 (U.S. 1969) (context of political speech; not all abusive or hyperbolic rhetoric is a true threat)
- Gordon, 974 F.2d 1110 (9th Cir. 1992) (statutory interpretation: § 879 requires subjective intent to threaten)
- Cassel, 408 F.3d 622 (9th Cir. 2005) (binding on us to apply Black’s true-threat framework to § 879 cases)
- Sutcliffe, 505 F.3d 944 (9th Cir. 2007) (evidence of intent to threaten may be shown by multiple factors; still requires subjective intent under Black)
- Planned Parenthood of the Columbia/Willamette, Inc. v. Am. Coal. of Life Activists, 290 F.3d 1058 (9th Cir. 2002) (context matters; true threats analysis considers broader patterns and context)
- Hanna, 293 F.3d 1080 (9th Cir. 2002) (sufficiency of evidence for threat under objective standard; subject to Black for true threat issues)
- Romo, 413 F.3d 1044 (9th Cir. 2005) (addressed true threats; discusses context and intent)