U.S. v. Santiago, a ruling issued on Monday by Judge Chad Meredith of the Eastern District of Kentucky, centers on this Instagram post:
Santiago faces two counts of threatening interstate communications: one tied to a threat against the President, and the other tied to threats against law enforcement officers. The court permitted the case to proceed:
[T]he question of whether Santiago’s speech was a “true threat” or political hyperbole is one that must be determined by a jury, not the Court.
Of course, “courts retain the power to remove a true-threat question from the jury’s consideration … if the evidence shows that the speech was protected as a matter of law.” But the implication to be drawn from the evidence here is disputed and it is not so clear-cut that the Court can decide it as a matter of law. A reasonable jury could find Santiago’s statements to be true threats, and so the matter must be presented to a jury. The First Amendment does not say otherwise because it does not even apply if a jury concludes that the statements were true threats….
For broader context, see the FBI agent’s affidavit accompanying the criminal complaint; an excerpt:
Between January 27, 2026, and March 27, 2026, kadi_skating [allegedly one of Santiago’s user ids] sent the following messages to an unidentified user: …
• kadi_skating: “im filled with political violence now.” [January 8, 2026]….
• kadi_skating: “death to trump.” [March 2, 2026]
• kadi_skating: “death to the American nazi regime.” [March 2, 2026].
• kadi_skating: “and the american people NEED to start shooting at the necks, legs, and arms of ICE agents.” [March 2, 2026]
• kadi_skatlng: “STUFF A GRENADE IN THEIR AHH AND BLOW IT UP.” [March 2, 2026]
• kadi_skating: “LETS GOOOO no one is spared all of ice is going to die by my hands [March 2, 2026]
• kadi_skating: “I wanna kill n*zis bad.” [March 23, 2026]
Emily K. Greenfield and James T. Chapman represent the federal government.
