Nine militia members charged with plotting attacks on the government have been released from prison.

A judge ruled the men pose no risk to the public and ordered them to go home until their trial.

The judge's decision Monday overturned the decision of a federal magistrate judge last month

The men will wear electronic monitoring devices and be under strict conditions.

They are part of a Michigan based militia group who were arrested in March.

They are charged with attempted use of weapons of mass destruction, and the government believes they were plotting to kill police officers. But the defense argues it was just hateful speech.

Prosecutors "need not wait until people are killed before it arrests conspirators," U.S. District Judge Victoria Roberts said. "But the defendants are also correct: Their right to engage in hate-filled, venomous speech is a right that deserves First Amendment protection."

The U.S. Attorney said there may be an appeal to the Judge Roberts' decision.