A defendant was charged with one count of transmitting an interstate threat to injure or kill another person, in violation of 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 identify the referenced individual.

The individual referred to as "him" was apparently United States District Court Judge John L. Badalamenti, who on June 22, 2025, contacted the United States Marshals Service (USMS) for the Middle District of Florida regarding threats following a June 21, 2025, New York Times article titled, "A White Nationalist Wrote a Law School Paper Promoting Racist Views, It won Him an Award." Judge Badalamenti, an adjunct professor at the University of Florida, had taught a seminar on originalism in the fall of 2024, where the controversial paper was presented.

The government argued the phrase "in alive him" was a typographical error intended to mean "unalive him," implying a threat to kill. However, the court dismissed the indictment, concluding as a matter of law that the comment did not meet the legal standard for a true threat.

In its reasoning, the court referenced precedents indicating that mere wishes or hopes for harm do not constitute punishable threats unless accompanied by an indication of intent to act. For example, it cited a 1945 case noting that statements suggesting someone "should or ought to kill the President" without an intent to act do not amount to threats. Similarly, a 2011 case affirmed dismissal of an indictment where statements were hypothetical and conditional, not threatening bodily harm to any individual.

The Third Circuit noted that while a wish could constitute a threat in the right context, a reasonable jury could find that the defendant was prepared to commit harm only if the context supported such an interpretation. In this case, the court found the comment insufficient to establish a true threat.

This ruling highlights the legal nuances in distinguishing protected speech from punishable threats under the First Amendment.

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