Posts Tagged ‘Hal Turner’

Blogger Hal Turner Pursues §1983 Case After Acquittal on Threats Charges

Tuesday, February 5th, 2013

Blogger Hal Turner of North Bergen, N.J. is currently pursuing a federal civil-rights lawsuit against the Connecticut State Capitol Police. The cause of action is under 42 U.S.C. §1983 – the general civil-rights statute that allows lawsuits against state officials acting in violation of the federal Constitution.

Last year, Turner was arrested for comments he made on his blog that were interpreted by as a threat against Connecticut state legislators. He wrote, “TRN advocates Catholics in Connecticut take up arms and put down this tyranny by force. … It is our intent to foment direct action against these individuals personally. These beastly government officials should be made an example of as a warning to others in government: Obey the Constitution or die.” (Blog Law Blog, Oct. 21, 2011: State v. Turner: Incitement to Violence and Jurisdictional Questions)

Turner ended up winning an acquittal. Now he is seeking $50 million in his civil suit.

Most recently, Turner is proclaiming a victory of sorts in that suit because the State of Connecticut has retained outside counsel. His statement says, “On Friday, January 25, 2013, a Partner from the mega law firm McCarter & English, LLP filed his appearance in the case and asked the US District Court in New Jersey for an extension of time to answer Turner’s lawsuit. This represents a significant change from the state’s prior decision to utilize its own Attorney General’s Office, which assigned Assistant Attorney General Philip Miller to the case.”

I’m not sure what it means that the state has obtained outside counsel. McCarter & English is a large regional law firm, although I don’t think it is accurate to call them a “mega firm.”

Turner is something of a self-employed First-Amendment tester. He apparently started out as a frequent caller to conservative talk radio shows, then branched out into blogging and webcasting. He currently operates the Turner Radio Network, which bears no relation to media tycoon Ted Turner. (And I can’t figure out why neither Ted Turner, nor his merger-partner Time Warner, hasn’t shut down Hal Turner’s use of “Turner Radio Network” name on trademark grounds.)

No matter how much you like the First Amendment, Hal Turner is one of those people who is hard to root for. His varied causes have included Holocaust denial, white-supremecist causes, and threatening judges.

While involved with white-supremecist groups, Turner was a paid informant on those groups to the FBI. But any effort on his part to work against those groups can contextualize only so much of his ranting.

In June 2009, angered about a case upholding municipal handgun ordinances, Turner blogged that federal judges of the Seventh Circuit Court of Appeals “deserve to be killed” and, referencing a Thomas Jefferson quote, wrote that “their blood will replenish the tree of liberty.”

Those comments got him a conviction in 2010 with a 33-month federal sentence. He was released from prison in 2012 to serve out the remainder of his sentence from a halfway house in New Jersey.

State v. Turner: Incitement to Violence and Jurisdictional Questions

Friday, October 21st, 2011
Mugshot of "Hal" Turner from the Connecticut State Capitol Police

Connecticut State Capitol Police mugshot of blogger Harold Turner

As a new feature here at Blog Law Blog, I’m publishing selected court opinions in their full form.

The first opinion I am putting up is State v. Turner, a new trial court opinion out of Connecticut.

In this criminal matter, blogger Harold Turner (“Hal Turner”) is alleged to have violated Connecticut’s incitement statute with material he posted to his Turner Radio Network or “TRN” blog (which Google’s Blogger has taken offline).

Upset by a pending bill in the Connecticut legislature regarding finances of the Catholic church, Turner, while being located in New Jersey, is alleged to have blogged:

TRN advocates Catholics in Connecticut take up arms and put down this tyranny by force. To that end, THIS WEDNESDAY NIGHT ON THE “HAL TURNER SHOW” we will be releasing the home addresses of the Senator and Assemblyman who introduced bill 1098 as well as the home address of Thomas K. Jones of OSE. …

It is our intent to foment direct action against these individuals personally. These beastly government officials should be made an example of as a warning to others in government: Obey the Constitution or die.

If any state attorney, police department or court thinks they’re going to get uppity with us about this, I suspect we have enough bullets to put them down too …

Turner was arrested after this post and before the home addresses were released.

Turner claimed he was protected by the First Amendment and that, as a jurisdictional matter, the Connecticut statute shouldn’t apply to blogging he did in New Jersey.

On the extraterritorial jurisdiction issue, the court quoted precedent to hold that since the threatened action was “closely tied to the public welfare of” and was “intended to produce … detrimental effects within” Connecticut, the court had jurisdiction under the statute.

On the First Amendment question, the court applied the U.S. Supreme Court’s standard announced in Brandenburg v. Ohio (1969). Under that case, in order to qualify as incitement, and therefore be denied First Amendment protection, the speech at issue must be “directed to inciting or producing imminent lawless action and is likely to incite or produce such action.” In other words, the keys are imminency and likelihood.

The court held that blogging Tuesday about “THIS WEDNESDAY NIGHT” qualified as imminent.

As to likelihood, one might wonder how likely it really was that such a blogged rant would actually produce action. Indeed, it does seem a little dubious to believe that Turner had some reader out there ready to do his bidding. But the court held – properly I think – that this issue should go to the jury. In sum, the judge’s reasoning was: These are crazy times and there are lots of crazy people out there. In the court’s own words:

Of course, most Connecticut Catholics or other citizens would not have been persuaded by the defendant’s message to take up arms and attack state officials with physical force. However, the court cannot overlook the fact that we live in an age of terrorism and violence, including violence concerning difference in religious doctrine, and that there are unstable individuals with access to firearms … One need only go back approximately ten years from today’s date to recall the devastation that religious fanaticism can produce in this country.

The full court opinion:

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