>> bill: 2008 a man in southern california posted a suggestion that then presidential candidate barack obama should be shot. 49-year-old walter arrested, charged and found guilty of issuing threats. but a federal appeals court has now overturned his conviction. here attorneys and fox news analysts kimberly guilfoyle and lis wiehl. wiehl, this is the ninth circuit of appeals very liberal court what did it rule. >> two to one the rantings of this guy at 1:00 in the morning on yahoo.com were protected by the first amendment. there was no real threat there. he was just ranting, admitted at the trial that he was drunk. was ranting away. he didn't actually threaten then candidate president obama. he just said, you know, 50 calibers are going to show up in his head soon. >> bill: he said a little bit more than that. >> we can't say some of the stuff. >> it was very violent it was very racist. >> bill: it was violent and racist and this and that. so he got charged and he got convicted of, what? what was he convicted of originally? >> well, the problem is in this particular case they are saying