Is Saying You Wished Someone Were Dead the Same As Communicating a Threat

I was on a Youtube video and got mad about someone saying they were glad Kurt Cobain was dead. I said, "I wish it were you instead of him."

Does that count? I deleted the comment. But the guy might get an e-mail saying that I replied to his comment.

Though I'm not even sure if he'll take it seriously or if he would take the time to look me up via IP address.

I live in North Carolina, btw.

Nope. People are free to wish other people were dead. They can even tell them they wish they were dead. He'd need something more concrete in order for it to be considered a threat. If you're ever in doubt if what you're about to communicate is a threat, simply keep your trap shut or your fingers off the keyboard and go take a walk around the block to cool off.

Quote:

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Quoting nudaydawning

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I was on a Youtube video and got mad about someone saying they were glad Kurt Cobain was dead. I said, "I wish it were you instead of him."

Does that count? I deleted the comment. But the guy might get an e-mail saying that I replied to his comment.

Though I'm not even sure if he'll take it seriously or if he would take the time to look me up via IP address.

I live in North Carolina, btw.

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To be a "criminal" threat, whatever catchprase would be used, Menacing, etc., it must generally be outside the parameters of the 1st AM.

Here we have a case I like to cite now and then about a woman who said if they tried to kill Reagan, she wished they would get him. Sure, this was a public employer and an employment discharge, but it is also a 1st AM case.

I am not an attorney, nor am I a 1st AM scholar, by ANY stretch, but I would say it is protected speech and the government/police can not do anything about it.


http://www.law.cornell.edu/supct/htm...3_0378_ZS.html

Thank you.