Jan Rostal of the Federal Defenders of New York on Wednesday argued that because the First Amendment protects even unpopular statements, a former New York State Office of Court Administration employee should not be found guilty of threatening federal government officials after he posted a video titled “Kill Your Senators” in January.

Rostal argued that Brendan Hunt, 37, who posted the video days after the Jan. 6 insurrection at the U.S. Capitol, “self-censored” by taking down the video after he was mocked by commenters.