A defendant was charged with one count of transmitting an interstate threat to injure or kill another person under 18 U.S.C. § 875(c) based on an online comment stating, "I wish someone would in alive him." The indictment did not specify where the comment was posted, to whom it was directed, or the identity of the referenced "him." However, a search warrant affidavit identified the target as United States District Court Judge John L. Badalamenti.

Judge Badalamenti, an adjunct professor at the University of Florida who taught a seminar on originalism in 2024, contacted the United States Marshals Service for the Middle District of Florida on June 22, 2025. The threat was linked to reactions to a June 21, 2025, New York Times article about a law school paper promoting racist views.

The government argued the phrase was a typographical error for "unalive him," implying a threat to kill. However, the court dismissed the indictment, concluding as a matter of law that the post did not meet the legal standard for a true threat. The ruling referenced precedent stating that merely wishing harm without indication of intent to act does not constitute a threat. For example, the court cited a 1945 case noting that saying someone "should or ought to kill the President" without intent does not amount to a threat.

The Third Circuit has reasoned that a wish can constitute a threat in the right context, but in this case, the court found insufficient evidence that the defendant intended to commit harm. The dismissal aligns with other rulings where hypothetical or conditional statements were not deemed true threats.

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