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Shock Jock May Have Stepped Over Line

Were apparent threats against lawmakers protected speech?

By CHRISTIAN NOLAN

He’s been described as a white supremacist and a shock jock. But those extremist views have only helped New Jersey’s Harold “Hal” Turner develop a cult following for weekly radio webcasts – and an accompanying blog – that often include vitriolic criticism of political figures.

But is Turner a criminal? Connecticut State Capitol Police say yes, his lawyers say no and First Amendment experts are watching a case that seems to test the limits of free speech.

In early June, Turner urged listeners and readers of his blog to “take up arms” against state Rep. Michael Lawlor and Sen. Andrew McDonald, the co-chairs of the Connecticut legislature’s Judiciary Committee.

He was angry that the lawmakers briefly supported a bill that would have allowed independent boards to oversee Catholic parish finances. And he was upset by an Office of State Ethics decision that the Diocese of Bridgeport should be required to register as a lobbyist after it organized protests against the parish oversight bill.

Turner also railed against an ethics office official in the blog posting that prompted the Capitol Police to issue a warrant for his arrest. “It is our intent to foment direct action against these individuals personally. These beastly government officials should be made an example of as a warning to others in government: Obey the Constitution or die.

“If any state attorney, police department or court thinks they’re going to get uppity with us about this, I suspect we have enough bullets to put them down, too,” continued Turner.

In addition, Turner threatened to give out the addresses of the politicians during his webcast so citizens could directly confront “these tyrants.”

“Mr. Turner’s comments are above and beyond the threshold of free speech,” said Capitol Police Chief Michael Fallon. “He is inciting others through his web site to commit acts of violence and has created fear and alarm. He should be held accountable for his conduct.”

Turner was charged with inciting injury to persons or property, a class C felony punishable by up to 10 years in prison. Turner, 47, of North Bergen, spent the first weekend of June behind bars before posting $25,000 bail in New Jersey. Then on June 11 he turned himself in to Capitol Police in Connecticut, where he again posted $25,000 bond. He’s scheduled to be arraigned Monday, June 22.

“We’re still in preliminary stages of the case,” said Turner’s Connecticut attorney, Matthew Potter, of Manchester’s Beck & Eldergill P.C., “and not in a position to have a lengthy discussion on the exact defenses.”

Turner’s New Jersey counsel, Michael Orozco, issued an equally vague statement. “Though many people may not agree with Mr. Turner’s views, his First Amendment right must still be protected,” wrote Orozco. “Mr. Turner reserves the right to seek legal redress in the future for the harm he has suffered.”

Buchanan Backer

Turner got his start in politics by serving as North Jersey’s coordinator for Republican Patrick Buchanan’s 1992 presidential run. He later became a presence on the program of conservative radio host Sean Hannity, although Hannity has since denied any friendship.

By 2002, Turner launched his own online show. In 2005, he posted the names and addresses of three federal judges presiding over a lawsuit involving Matt Hale, a white separatist now serving a 40-year prison term for soliciting an undercover FBI agent to kill an Illinois judge.

The following year, Turner announced on his web site that “we may have to assassinate some of the people you elect on Nov. 7.” In 2008, his blog reportedly made similar threats against a Massachusetts school superintendent who created a curriculum supporting gays and lesbians.

Some legal experts said it’s those threats to harm others that make Turner’s First Amendment claims questionable. “The reality of the matter is the United States Supreme Court has recognized several narrow exceptions [to the First Amendment] for laws, including criminal sanctions, which are based on speech,” said Daniel Klau, a partner at Pepe & Hazard, whose practice focuses on First Amendment issues. “And those exceptions include threats to cause physical harm to a person and fighting words.”

Still, Klau suggested that the state doesn’t have a slam dunk case against Turner.

“You can’t simply say, ‘These are the words he spoke, he’s automatically guilty.’ You must prove he intended to bring about the harm he’s describing or inciting,” said Klau. “In theory, he could say I was joking and I didn’t really mean it and a jury could believe him.”

Stephen Nevas, executive director of the Law and Media program at Yale University Law School, said the state statute Turner is charged under “is not a model of clarity.”

“It therefore sets the scene for a dispute between what the statute seems to prevent and a question about the permissible limits of constitutional speech,” Nevas said. •