The attorney for conspiracy theorist Alex Jones has appealed a judge’s decision to the Connecticut Supreme Court in a case brought by the families of victims of the 2012 Newtown school shooting.

Superior Court Judge Barbara Bellis sanctioned Jones last week for what she interpreted as threatening behavior – Jones slammed his fist on a picture of an attorney for the families and muttered something on his web broadcast. Bellis thought it sounded like he said “I’m gonna kill.”

Jones’s attorney was present during the broadcast. The attorney says Jones’s actions weren’t threats and are protected under the First Amendment.