What is the test for making a threat against someone who is not a true threat?
California, United States of America
The following excerpt is from People v. WILSON, 112 Cal.Rptr.3d 542, 186 Cal.App.4th 789 (Cal. App. 2010):
statement was political hyperbole protected by the First Amendment rather than a punishable true threat. ( United States v. Kelner, supra, 534 F.2d at p. 1025.)
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