TURNAROUND in the Nuremburg files case. The 9th Circuit, sitting en banc held that the websites were “true threats” and not protected by the First Amendment. I’d be inclined to rule the other way, but on the facts this is a close case. Eugene Volokh has more on this. He says that it should have gone the other way, too, and says that the threats here weren’t any worse than those permitted by the Supreme Court in NAACP v. Claiborne Hardware. That’s probably true, but this isn’t an easy case. I think it’s likely bound for the Supremes.

UPDATE: Eugene now has a much longer post that makes a pretty persuasive case that Claiborne Hardware should control here.