Communicating a threat by publishing the story about “Jane Doe” on the Internet, was one of the counts. Therefore, it was dropped against Baker. The case against him was dismissed by Judge Avern Cohn due to a lack of evidence, on June 21, 1995. It was stated that he would actually act out his fantasies. Later, on January 29, 1997, the Government appealed this decision. In addition, the 6th US Court of Appeals upheld the decision of the lower court.
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As a danger o the community, the Magistrate Judge ordered him detained. Furthermore, the United States District Court affirmed his detention. Thus, this Court ordered a psychological evaluation, upon his motion to be released on bond. Moreover, he posed no threat to the community, when the evaluation concluded.
Eventually, Court ordered Baker’s release. It was stated by free speech advocated that the Government violated his First Amendment right. Additionally, others defended the Government’s case by stating their stories. Where it was stated his storied are filth and snuff and that he was intending to act on them.
Moreover, stated that his stories were created as a form of therapy. And, also said he could act out his anger in a “harmless”, legal way. Hence, he also stated that he was role-playing in his emails to Gonda. And, he added that he did not intend to act on his fantasies. It was being watched by Internet advocates and was not only about obscenity and threats.
Further, his stories were published over a wide medium, and since the Internet is a medium beyond borders. Later on, he was charged with communicating a threat over interstate lines. Therefore, it was a charge that may have not been able to hold. It is also said that this case set a precedent for free speech on the Internet.
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