[The Magical Mischief Tour]

So then it would be legal to say you were going to kill someone if you did not hurt them.

Thats a really bad analogy. There is a significant difference between me telling you I won a SIlver Star during a job interview as opposed to me telling you that I will kill you if you don't give me a job. One might simply sway your thinking, the other would most likely place you in fear of great bodily harm or death.

[mountainlion]

Attorneys in Colorado and California are challenging the law on behalf of two men charged, saying the First Amendment protects almost all speech that doesn't hurt someone else

So then it would be legal to say you were going to kill someone if you did not hurt them.

Thats a really bad analogy? I just went to the extreme of what the lawyers said.