William White, creator and operator of Overthrow.com, a website affiliated with the white supremacy group the American National Socialist Workers Party, was charged with soliciting a crime of violence for posting online threats. The site regularly featured posts about fellow white supremacist Matthew Hale, who was convicted of soliciting the murder of U.S. District Judge Joan Humphrey Lefkow in 2003. Hale was sentenced to 40 years in prison.
In 2005, White allegedly wrote that
But a federal judge in Chicago dismissed the indictment on the basis that White's speech was protected by the First Amendment.
Reinstating the charges, the federal appeals panel said there was a valid dispute over the intent of the online remarks. First Amendment protection does not apply, the panel explained, if the government can demonstrate that White intended for another person to commit a violent federal crime and that the juror would likely be harmed as a result.
It reversed dismissal and sent the charges back to the district court.