Contrary to the footnote in Florida’s standard jury instructions, there is no free speech element at hand here. Threats of violence are already excluded from First Amendment protection according to federal courts of appeal, after all, extortion is a crime. United States v. Quinn, 514 F.2d 1250 (1975). Also the Florida case, Saidi v. State, 845 So. 2d 1022 (Fla. 5th DCA 2003). When a person sends a message saying they will shoot up a school, if they know that message will be read as a threat, then they have sent a threat. From Elonis, supra,
“There is no dispute that the mental state requirement in Section 875(c) is satisfied if the defendant transmits a communication for the purpose of issuing a threat, or with knowledge that the communication will be viewed as a threat.”
~Max