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Notes -
The true threat exception is extremely narrow; among other things, the speech in question must be aimed at a specific person. So, the 2020 BLM protests would not qualify. Nor would the Unite the Right march; and, since only a few people have been charge, there must be something that they are alleged to have done over and above simply marching and carrying torches. What that is, and whether it actually brings them within the ambit of the exception, neither of us know yet.
Again, without knowing the specific factual allegations, it is impossible to know. But of course flashlights would not fall within this particular statute.
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