Send news tip to FOXNews.com

SUBMIT

Man's Conviction for Threatening Bush Nixed

Saturday, April 09, 2005

SAN FRANCISCO —  A federal appeals court Friday overturned an inmate's conviction for writing a crude, rambling letter endorsing President Bush's death at the hands of terrorists — two weeks after the Sept. 11, 2001, attacks.

The letter from Oregon State Penitentiary prisoner Jonathan Lincoln (search), who was charged with threatening the president and given an 18-month sentence last year, read, in part: "You will die too George W Bush real Soon they Promised That you would Long Live Bin Laden."

Corrections officials intercepted the letter; Lincoln had been serving a 46-month sentence for robbery.

A unanimous three-judge panel of the 9th U.S. Circuit Court of Appeals (search) said the letter was protected under the First Amendment, calling it "Lincoln's crude and offensive method of stating a political opposition to the president." The court noted "such political hyperbole does not constitute a 'threat."'

The decision reversed a ruling by Judge James A. Redden (search), who tried the case without a jury. Redden ruled the letter constituted a "true threat" when combined with statements Lincoln made six months earlier to a Secret Service agent that he wanted to assassinate the president.

Lincoln's attorney, Michael Levine, said his client was mentally disabled. He was released from prison last month and lives in a Portland, Ore., halfway house.

Frank Noonan, the Justice Department attorney who prosecuted Lincoln, did not immediately return calls for comment.

Fox News Video
ADVERTISEMENT

ADVERTISEMENT

Advertise on Fox News Channel, FOXNews.com and FOX News Radio. Advertising Specifications (PDF). Jobs at FOX News Channel. Internships At Fox News (Deadline for summer applications: Feb. 29, 2008)

Terms of use. Privacy Statement. For FOXNews.com comments write to foxnewsonline@foxnews.com; For FOX News Channel comments write to yourcomments@foxnews.com

This material may not be published, broadcast, rewritten, or redistributed. © 2008 FOX News Network, LLC. All rights reserved. All market data delayed 20 minutes.