[Eugene Volokh] E-Mails With Graphic Anti-Gun Messages, Sent to Gun Rights Activist, Weren't Threats

So holds a federal court, concluding that such e-mails with photos of gun crime victims, coupled with statements such as "Thought you should see a few photos of handiwork of the assault rifles you support," were protected by the First Amendment.From Hammer v. Sorensen (M.D. Fla.), decided Monday: The plaintiff Marion P. Hammer, a nationally known advocate for gun rights, asserts that she received threatening emails from each of the four defendants. One, Lawrence T. Sorensen, has moved to dismiss for lack of subject matter jurisdiction and for failure to state a claim on which relief can be granted. This order dismisses the claims against Mr. Sorensen for failure to state a claim. The dismissal does not affect the claims against the other defendants. Mr. Sorensen sent Ms. Hammer two emails, each transmitting one or more photographs showing injuries from gunshot wounds. Sending these unsolicited to anyone, even a public figure who advocates gun rights, was…

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