Md. appeal: ‘Strangle’ e-mail is free speech

Threatening words or protected speech?

When Walter Carl Abbott Jr. posted comments last year on a Maryland government Web site saying he would “strangle” Gov. Martin O’Malley, he learned there’s a difference.

The 45-year-old Pikesville construction worker was found guilty of threatening a public official. He is serving two years’ probation for his rant against the governor, whom Mr. Abbott blames for personal financial problems that stem from business competition from illegal immigrants.

Mr. Abbott’s attorney, Arthur M. Frank, said the comment wasn’t a threat but a constitutionally protected criticism of state government. But he said he never got to make that argument at trial, so he took the case to a higher court.

After a hearing earlier this month before the Maryland Court of Special Appeals, Mr. Abbott is awaiting a ruling on whether a Baltimore County judge should have instructed a 12-member jury to consider whether he was exercising his First Amendment rights.

Mr. Abbott maintains his innocence. He says he just has strong opinions.

He has been married 26 years and has two children, ages 26 and 21. He drives a GMC truck and listens to classic rock on the radio. A red, white and blue bandana hanging from his rearview mirror reads: “I love the U.S.A.”

Over the course of his working life, Mr. Abbott has developed strong views about illegal immigrants. Specifically, he thinks the government should prevent illegal immigrants working in the building trades from undercutting legal workers by charging lower fees for their services.

He said he’s watched his business erode, and on March 18, 2008, he woke up without a job and began to search the Internet for contact information for Mr. O’Malley.

Sitting at the kitchen table in his modest Cape Cod-style house, his Siberian husky, Zack, asleep at his feet, Mr. Abbot explained his decision to write to the governor. “I lost my house and my drywall business in the 1990s because of this issue, and I was [upset] about not having any work. I would never hurt the man.”

Out back, a homemade sign leaning against his partially finished garage says: “Deport Illegals - Imprison Bush! By Order of the American People!!!”

Mr. Abbott found contact information for Mr. O’Malley on a state Web site that asked citizens “to provide feedback to Gov. O’Malley about what people think about improving services to all Marylanders,” according to court papers. He responded with a lengthy e-mail to the governor that included the phrase: “If I ever get close enough to you I will [w]rap my hands around your throat and strangle the life from you.”

A few hours later, Mr. Abbott received a visit from two Homeland Security Department agents along with a Maryland state trooper. He wasn’t hard to find: He put his name, address and phone number in the e-mail.

Mr. Abbott said two detectives from another law enforcement agency he could not identify soon showed up, and within an hour he was in handcuffs on his way to see a judge and being asked to turn over his registered Glock 9 mm handgun.

“I never said anything about shooting the man,” he said, adding that his only criminal record is a charge of disorderly conduct in 1990. Court records show he was placed on probation and later found not guilty.

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