OK Senate

OK ACLU Sees Gerhart Charge As “…One Of The Most Challenging Cases”

Blackmail vs. political speech: A gray area, Oklahoma legal experts say

When does political speech cross the line into something more sinister?

By Phillip O’Connor | Published: April 12, 2013

When does political speech cross the line into something more sinister?

For Al Gerhart, the Sooner Tea Party co-founder charged Tuesday with blackmailing a state senator via email, the answer may soon rest in the hands of a judge or jury. And the distinction could be razor thin, some legal observers say.

“It’s one of the most challenging cases I’ve ever seen to figure out if this is free speech or a crime,” said Brady Henderson, legal director of the American Civil Liberties Union of Oklahoma. “It really does walk that line.”

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