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The Minnesota Court of Appeals overturned a Rochester man’s threats of violence conviction on Monday, ruling that his statements on social media platforms promising to kill members of the deep state qualify as political speech.

In the spring of 2022, Rochester resident Kyle Ketterling posted on Gettr, a conservative-oriented social media site, threatening to kill various groups of people. 

Police reviewed the posts and were concerned that Ketterling would carry out his threats in the city of Rochester. He was arrested that May. 

The Court of Appeals limited the review to one of three convictions in the district court ruling. It involved a charge that he threatened to kill unspecified members of the deep state. 

 threats that led to charges under the count at issue were not specific enough to merit prosecution under the threats-of-violence law. In reversing the conviction, the court ruled that Ketterling’s post was not a true threat because whether a deep state exists is a matter of political opinion. 

“The true threats exception to free speech protection serves a narrow purpose: to protect individuals, and groups of individuals, from the fear — and possibility — of violence,” said Judge Lucinda Jesson, who wrote the opinion joined by two other judges. “It is unclear what individuals, or group of individuals, if any, would fear violence as a result of this particular politically laden threat.”

The three-judge panel also determined that no specific threat was lodged.

 “While disturbing, it is protected by the First Amendment,” Judge Jesson wrote.

The case was sent back to district court for more proceedings. An appeal to the Minnesota Supreme Court is possible. 

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Court rules threats to kill unidentified members of the deep state are not specific enough to merit prosecution under the threats-of-violence law. 

Rochester man’s threats of violence conviction overturned by Minnesota appeals court

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