Texas Judge Sends Synagogue Threat Case to Jury as Maine Man Gets Time Served in Similar Prosecution

Two Cases, Same Legal Question

A federal judge in the Western District of Texas ruled Monday, September 14, 2026, that a criminal threats case against a man named Griffin must go to a jury rather than being tossed out on First Amendment grounds. Judge David Alan Ezra's opinion, first reported by Reason's Volokh Conspiracy and republished by Inkl and other outlets, lays out statements Griffin posted on the social media platform Gab that federal prosecutors say cross the line from protected speech into criminal threats.

Griffin was indicted on four counts of Interstate Transmission of Threatening Communication under 18 U.S.C. § 875(c). Among the quoted statements: "I can pick any synagogue I want and go postal on it," and "Zionists do not have the authority to lecture me on sexual morals or anything else. They're criminals and I am going to kill them." A grand jury made special findings that Griffin selected synagogues and "Zionists" as targets because of the actual or perceived religion of the people associated with them. Griffin pleaded not guilty on July 28, 2026.

The Defense Argument, Stated Fairly

Griffin's lawyers argue the statements are hyperbole, not true threats. They point out he never named a specific synagogue, a specific person, or a specific date. Some of the language was conditional, including "as soon as I get an organized group of men willing to act" and "if I'm NEVER getting a family or a house in shithole America." That's a real distinction under First Amendment law. Courts have long protected angry, exaggerated political rhetoric, and a threat that reads as venting rather than planning can be constitutionally protected speech, as a matter of law, in some cases.

Judge Ezra didn't buy that this case clears that bar outright, but he also didn't rule against Griffin outright either. He found the question genuinely debatable. Some of Griffin's posts include blunter language, like "we are going to fucking kill you," sitting right next to the conditional phrasing. Ezra ruled a jury, not a judge, has to decide whether the hyperbolic language and the direct language together "convey a real possibility that violence will follow." He also noted that people who saw the Gab posts were alarmed enough to report them to the FBI, which weighed against tossing the case on First Amendment grounds.

The Maine Case Already Resolved

While the Texas case heads toward trial, a similar prosecution in Maine has already wrapped up. Thadius Wind, 52, of Eddington, was convicted following a two-day jury trial in July 2026 on charges tied to threats he posted on X in 2024. According to the U.S. Attorney's Office for the District of Maine, Wind wrote "Have you killed a jew today? Everybody is asking, what way will you off a pig or a jew today?" He also addressed then-Vice President Kamala Harris and President Donald Trump directly, saying they could "come forth and request that I remove your head in order to save your soul." Wind also threatened Elon Musk and Maine law enforcement officers, prosecutors said.

The FBI arrested Wind at his home in March 2025 and recovered "numerous swords" during the search, according to the Justice Department. He was sentenced to 17 months, which he had already served, plus three years of supervised release.

U.S. Attorney Andrew Benson said the case "should serve as notice that if you threaten people or groups online, hiding behind your keyboard will not protect you from the consequences of your actions." FBI Boston Division Special Agent in Charge Ted Docks said threats against Jews and law enforcement "aren't protected acts of courage or conviction; they're federal crimes." Secret Service Special Agent in Charge Mark Comorosky said the sentencing reflects the agency's "relentless" commitment to prosecuting threats against protected officials.

There is a discrepancy in the record on how many of the four charges against Wind actually resulted in convictions. The Jerusalem Post reported he was found guilty of "three counts of transmitting interstate threatening communications and one count of threatening a US vice president," which reads as convictions on all four charges. A separate wire report attributed to Justice Department information stated Wind was "found guilty ... of three counts, out of four brought against him," suggesting he was acquitted on one. Neither the Justice Department's public statement nor either outlet clarifies which of the four specific charges did not result in conviction.

What's Unresolved

Griffin's case is headed to trial, where a jury, not a judge, will decide whether his Gab posts were true threats or overheated political rhetoric protected by the First Amendment. That verdict will turn on how jurors weigh conditional language against blunter statements like threatening to "go postal" on a synagogue. No trial date has been reported yet in the court record cited by Reason.