A federal judge will decide Thursday morning if white supremacist Bill White will get out of jail.
White will be arraigned on seven counts of making threats. A detention hearing will also be held. White has been behind bars since last October.
White was brought back to Roanoke after a charge against him in Chicago was dismissed in July. The federal judge in that case ruled White's online rant is protected by the first amendment.
David Damico, White's attorney, tells WSLS the Chicago and Roanoke cases are different. According to Damico, White was charged in Chicago for his alleged role in encouraging others to commit violent acts. In Roanoke, White is accused of making personal threats himself. The indictment states those threats were made by email, online postings and letters.
If the case gets to trial, Damico says the court must first decided if White's emails, postings and letters are protected under the first amendment. If the court rules that they're not protected, Damico says the court must then decide if the words constitute a threat.
Damico says while he recognizes the decision to represent White will be criticized by some, he and White's other attorney believe White's freedom of speech has been violated.
Making the argument for White's release, Damico plans to tell the judge Thursday that White will show up for future court dates and is not a threat to others.
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