The determination is made whether or not the threat can be proven to be true.
If I say I’m going to kill the president and it’s proven that 1) I’ve taken no actual steps toward a plan and 2) I don’t have the means to do so anyway - the threat is considered ‘untrue’.
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Watts v United States established that you can literally threaten to kill the president and it’s protected by free speech.
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The determination is made whether or not the threat can be proven to be true.
If I say I’m going to kill the president and it’s proven that 1) I’ve taken no actual steps toward a plan and 2) I don’t have the means to do so anyway - the threat is considered ‘untrue’.
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