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Re:The Facebook Comment That Ruined a Life by watty on Thursday February 13, 2014 @01:16PM (#7233003)
I don't follow your first remark. Are you trying to say that because he said "kindergarten" instead of naming a specific kindergarten that it's no longer threatening or a threat?
Re:The Facebook Comment That Ruined a Life by will_brown on Thursday February 13, 2014 @02:30PM (#7233651)
It is still a threat under the definition, but because he said "kindergarten" instead of naming a specific kindergarten I am saying it is protected speech under the 1st Amendment.

There are exceptions, but generally, it is not criminal to discuss committing a crime, in order to constitute a crime there usually needs to be a substantial step in furtherance of committing the crime.

Re:The Facebook Comment That Ruined a Life by alexeisadeski3 on Thursday February 13, 2014 @03:02PM (#7233872)
Yes exactly.

It's the difference between "I'm so angry I could kill someone right now!" and "I'm so angry I could kill so-and-so neighbor right now!"

Re:The Facebook Comment That Ruined a Life by einhverfr on Friday February 14, 2014 @05:47AM (#7237888)
There's also a huge difference between screaming the latter to unrelated people and screaming it to the so-and-so neighbor.
Re:The Facebook Comment That Ruined a Life by watty on Friday February 14, 2014 @08:20AM (#7238296)
Not exactly. He didn't say he "could" shoot up a kindergarten, he said he was going to. Is there a difference between naming a specific kindergarten? Absolutely. But that doesn't mean only one of them is a threat.
Re:The Facebook Comment That Ruined a Life by alexeisadeski3 on Friday February 14, 2014 @11:40AM (#7239397)
In my example, both use the 'could.'

I really don't think that someone should be charged with 'making terroristic threats' - nor any kind of threats - with just a vague statement of intent.