Breaking News Update
Bill White Wins First-Step-To-Release Victory.
“Issue: (1) Whether, consistent with the First Amendment and Virginia v. Black, conviction of threatening another person under 18 U.S.C. § 875(c) requires proof of the defendant's subjective intent to threaten, as required by the Ninth Circuit and the supreme courts of Massachusetts, Rhode Island, and Vermont; or whether it is enough to show that a “reasonable person” would regard the statement as threatening, as held by other federal courts of appeals and state courts of last resort; and (2) whether, as a matter of statutory interpretation, conviction of threatening another person under 18 U.S.C. § 875(c) requires proof of the defendant's subjective intent to threaten."
Basically, the Elonis case strikes down the “Bill White Doctrine,” which was actually established in federal courts in Chicago by the Bill White case itself, several years before Anthony Elonis posted his rap lyrics to Facebook. That doctrine being that it is sufficient for someone to get up on a witness stand and weep that they “feels threatened” by something on the internet in order to send someone to prison, and screw the First Amendment. Bill actually did not send the e-mails or make the Facebook threats for which he has been “convicted,” if that is the word for a verdict of “anonymized” juries who for all anyone knows may be comprised of mental patients from the local cackle box, if they exist at all.
The Elonis case means that Bill now has legal grounds to ask for a new trial so clear-cut that it’s difficult to see how he can be denied that right, even in this totally corrupt system, while keeping up even the most rudimentary of appearances.
It is pointless for him to ask simply to be released, because the Supreme Court has now basically stated that even if he did what they say he did (which he didn’t), he committed no crime. The dictatorship simply isn’t going to do that. They’re not going to let him go, ever, period, end of story, because someone in wealth and power has decided that Bill White is his favorite chew toy.
Not to mention the fact that if he is ever released on the grounds he should never have been arrested and imprisoned in the first place, Bill White will have grounds for a massive civil lawsuit that will get him a settlement which will leave him free to live and write for the rest of his life, on Uncle Slime’s dime, and they’re just not going to allow that to happen. Or maybe I’m just being an Eeyore there. I hope so.
P.S. Anthony Elonis, who admitted making the Facebook posts in question and who did, in fact, write and post material to Facebook which by a long stretch his ex-wife and an especially nervous female FBI agent might have found made them uncomfortable, received a sentence of 44 months in prison. I have been unable to find anywhere on the Net so far any information as to how much time Elonis actually served.
Bill White was sentenced to a crushing 28 years in prison for allegedly doing the same thing, acts which A) he did not in fact commit, and which in one case appear to have been committed with the active collusion of federal law enforcement agents; and B) which the Supreme Court has now ruled were not criminal even if White did commit them.
Anyway, in theory, this decision could lead to Bill being released, although it will take some years to jump through all the hoops. I’ll send Bill a brief congratulatory letter and hope to God his captors decide to give it to him. You guys should, too:
P. O. Box 1000
Marion, IL 62959-1000