Walter Bagdasarian really did not want Barack Obama to be President. As the general election drew near, and Obama’s election seemed more certain, Mr. Bagdasarian decided to take action. Instead of volunteering for McCain, or sending money to the Republican National Committee, he logged on to a Yahoo! Finance message board and posted two comments responding to the state of the election.
The comments including disparaging remarks about Mr. Obama and Mr. Obama’s race, and noted that Mr. Obama “will have a 50 cal in the head soon.” Mr. Bagdasarian also included a call to “shoot” Mr. Obama. He challenged Mr. Obama’s fitness for office by virtue of status as an African American, claiming that no African American has ever done anything in history, except open a “sambos” restaurant. (Mr. Bagdasarian did not seem to realize that Sambos was actually owned by two white men, though that may not undermine his larger, and repugnant, point.). Perhaps it goes without saying that Mr. Bagdasarian did not use the term “African American.”
Mr. Bagdasarian’s comments did not alter the course of the election. They did, however, cause a participant on the message board to contact the Secret Service. Mr. Bagdasarian was interviewed by the Secret Service. His house was searched and a fifty caliber rifle was found. His computer was searched and an email was found that described a method for blowing up the President’s car, as well as Mr. Bagdasarian’s desire to see that car blown up. As the Ninth Circuit put it, “[t]hese email messages would appear to confirm the malevolent nature of the previous statements as well as Bagdasarian’s own malignant nature.”