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Under your test koshgs than prosecuted . Because eminem said it at a concert where people are entertained. Its not whether he said it private or on a Facebook Page after receiving protection if abuse order. Its not as though he appropriated a style of wrap that hes been doing previously and then tried to express violent statements that way. In the context, any reasonable person would conclude at a minimum that is there is ambiguities about the statements being a serious intention of an expression to do harm. This is critical here. Were talking about an area if the jury finds its ambiguous, it has to acquit. This is how the statements should be interpreted. Yes, but youre dealing with very inflamatory language. The question is whether or not the xwlr is going to be swept away with the language as opp e opposed to making the subtle determinations youre talking about. There are two protection theres. The government has to prove its case beyond a reasonable doubt. That is subject to appell

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