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Fascist paramilitary thug threatens to arrest US citizen for exercising his 1st amendment rights
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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'.
I wouldn’t rely on that. Why take such a risk, go through all the extras like questioning, court hearing, maybe even house arrest? Even if you go free, it wouldn’t be worth the effort.