Court Upholds Prosecution Over Threat Against AFT President Weingarten

A federal court denied dismissal, allowing prosecution over threats to AFT President Randi Weingarten.

On July 23, 2024, Mr. Spitzer allegedly posted a threatening message on the American Federation of Teachers (AFT) website directed at its president, Randi Weingarten. The message contained language such as Ms. Weingarten "should be worried for her safety" and asserted she "deserves a bullet to the head," drawing controversial comparisons to threats against former President Donald J. Trump.

Federal prosecutors charged Mr. Spitzer under 18 U.S.C. § 875(c), which criminalizes transmitting threats to injure another person across state lines via any communication medium. Mr. Spitzer filed a motion to dismiss, arguing that the statements did not constitute a true threat.^{[Court docket]}

On October 9, 2024, Magistrate Judge John Larkins denied the motion, finding that the alleged statements could be interpreted as a "true threat" and thus warranted prosecution. Subsequently, on November 4, 2024, U.S. District Judge Eleanor Ross affirmed that ruling, emphasizing the importance of distinguishing protected speech from threats that endanger public figures. She noted that "a jury could conclude that Mr. Spitzer's alleged posting constituted a 'true threat.'"^{[DOJ statement]}

This case serves as a clear example of how courts apply 18 U.S.C. § 875(c) to threats conveyed online, particularly when directed at union leaders involved in contentious public debates. The rulings signal judicial recognition of the delicate balance between free speech and the need to protect individuals from serious threats, especially those in leadership positions.

What's next: The case is expected to proceed to trial pending further pre-trial motions and possible appeals.