Freedom Of Speech or Threat?

Think back to Nov 10, 2010.  Broward schools were under a "code red" lockdown.  That's the highest state of alert.  It happened after Ellisa Martinez sent an e-mail to conservative radio talk show host Joyce Kaufman.  In the e-mail Martinez said, in part, "I'm planning something big around a goverment building here in Broward County, maybe a post office, maybe even a school, I'm going to walk in and teach all the goverment hacks working there what the 2nd amendment is all about." (This is the actual spelling and grammer from the e-mail)  She goes on an says, "we'll end this  year of 2010 in a blaze of glory for sure.  thanks for your support mrs. kaufman. what does sarah say, don't retreat, reload! let's make headlines girl!"

Today, Martinez plead guilty in federal court for sending that e-mail.

At the time, Kaufman had just accepted a position with Representative Elect Allen West.  She had just been seen in a youtube video at a rally talking about gun rights and elections saying, "If ballots don't work, bullets will!"  That was a line that drew a lot of criticism. 

Martinez is now claiming that she sent this threatening e-mail as sarcasm.  Her attorney, Sam Randall, told me, "She was trying to make a point to Ms. Kaufman.  She was very concerned about the rhetoric Ms. Kaufman was using publically."  He went on, "She was trying to be sarcastic and I don't hink her sarcasm was as obvious as she thought it was."

Here's where it's going to get interesting.  Martinez' attorney does plan on appealing part of this. His question is,  Why is Martinez' statement a crime and Kaufman's, regarding 'ballots and bullets' is not?

Stay tuned!