Appeals Court Overturns Gerhart Conviction

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The Oklahoman

The Oklahoma Court of Criminal Appeals has overturned the felony blackmail conviction for Sooner Tea Party co-founder Al Gerhart, saying that an email he sent to a state lawmaker was protected speech under the First Amendment.

In a 3-2 ruling Wednesday, the court also reversed a $1,000 fine that a jury ordered Gerhart to pay after he was convicted of sending an email to a former state senator who said he felt threatened by its tone.

Gerhart was charged in 2013 after prosecutors said the email was intended to intimidate former state Sen. Cliff Branan. Gerhart acknowledged sending the email to Branan but claimed the email was protected political speech under the Constitution.

The appeals court agreed, ruling that Gerhart’s email was protected speech.


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  1. David, 07 October, 2015

    But he is still an complete jackass, ignorant, politically impotent, disgraced want-to-be mouth of and worth no mind at all – on his best days.

  2. David Brooke, 07 October, 2015

    Congrats Al, it was wrong what they did to you in the first place.

  3. Jose copeland, 07 October, 2015

    I guess if you sent a E-Mail to your senator and he felt threatened by its tone , he can”t do anything about it even if it a valid threat to person or persons

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