Among Counterman's communications to Whalen were messages that read: "Was that you in the white Jeep?" and "You're not being good for human relations. Die. Don't need you." Others used expletives.
Counterman, citing mental illness and delusions, argued that his messages were not intended to be threatening and were thus protected speech.
Not the guy you responded to but god damn... I can't see that message being interpreted as anything BUT a threat. All I gotta do is declare insanity I guess.