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Hence why we have an actual standard for this...
True Threat
A random housewife giving a vague threat at the end of an already heated call by referencing a recent event involving the company, really doesn't come close to the definition.
this isn't a first amendment issue.
It's illegal to shout "BOMB!" in an airport even if there is no bomb, and you have no intention of setting one off. further, it's also illegal to shout "FIRE!" in a crowded theater.
It's also pretty much illegal everywhere to call in bomb threats or similar, even merely as a prank.
It very much is.
Hence why there is a legal distinction for true threats like that... which you chose to completely ignore for whatever reason (probably because it negates your entire comment).
It's not any different than telling someone that you wish they'd die. That's not a threat. No one in their right mind would think she, herself, was making a direct threat against anyone at the company based on the context of the conversation. Only dumbfuck keyboard warriors on the internet trying to look smart but too lazy to click any links because it might conflict with their idea of reality.
How to tell no one has ever threatened you.
Glad you live a safe law protected by laws.
I’ve worked contract security and have had people threaten me over being told they can’t park in a handicap space to pick up their spouse.
I’ve had those same people then try and follow me home, then tell the cops we happened to be going the same way. (Despite it being hours later.)
You cannot tell who will and who won’t.
A threat was communicated and a threat was meant to be communicated. That’s enough to satisfy the first amendment’s need for subjective “intention.”
Which is why this isn’t a first amendment issue. Boston meant what she said, and we know that; because she doubled down on it with the cops.
It isn’t the intention to carry out the threat, it’s the intention to make the threat.
I've worked front line call center just like this situation. I've had a shit ton of threats. None of them were ever going to do shit, most of them were much worse than what she said.
If her statement is the bar, then at least 3/4 of calls into any customer service number would result in an arrest. If we're going to apply the law equally, then we need to apply it equally and arrest 3/4 of the population.
In person threats are a completely different situation than an escalated customer service call.
This is a common misconception. It's not illegal to say anything like "bomb" or "fire" in a public place, at all.
What you could get charged with in those situations is something like, "inciting a riot", or "disorderly conduct". These depend on how people around you react to your words or actions, but doesn't depend on the actual words used.
So you’re saying it’s illegal? Yup. You are!
Also note, there’s the argument that the threat itself was disorderly etc, and the reason these laws stand is because; generally, people have a right to not be living under the fear such threats cause.
Trust me, if these kinds of statements were protected speech, we’d live in a much, much worse place.
But they’re not.
She intended to communicate a threat of violence. It doesn’t matter if she could carry it out, on reasonable person can know that- in the context of that phone call. Or even in the context of the conversation with the cops later.
Its not illegal, though. I can go out into public right now and say it with no repercussions. If it was illegal, how would anyone possibly inform other people of actual fires and bombs?
The thing that is illegal is causing a panic in a large group of people. Has nothing to do with the words used.
I just feel that the nuance is important. Any combination of words could get you in trouble if it happens to cause a riot.