Lawyers for Justin Carter, the 19 year old New Braunfels gamer who is caught in a dispute over freedom of speech with national implications, today urged a judge in New Braunfels to throw out the charges against him, 1200 WOAI's Michael Board reports from Comal County.


  Carter was jailed for months earlier this year after posting a message on Facebook after arguing with another player in the on line game 'League of Legends.'


  The other player had joked that Carter was 'crazy,' to which he replied, "Yeah, Ima shoot up a kindergarten and watch the blood of the innocent run down and eat the beating heart of one of them."


  A person in Canada read the posting, and, considering it was posted less than two months after the Sandy Hook massacre in Connecticut, notified police.  Carter was charged with making a terroristic threat and jailed for five months.


  Today, attorney Donald Flanary told a judge that the charge against Carter should be dismissed.


  "Saying words don't automatically make something a crime," Flanary said.  "If that were the case, every comedian, every TV producer would be charged with a crime."


  One law enforcement official said the threat is too great, that somebody who has made a vow like that, if he were to carry it out, there would rightly be questions about why more was not done to stop him.


  The judge says he will issue a ruling in about a week.