Does a threat made by a mentally ill individual constitute a true threat?

Although we do not conclude a delusional threat can never constitute a true threat, it is notable that respondent fails to identify any case approving the criminal prosecution of a person for a patently delusional threat. Instead, the cases cited by the parties (and other related California cases) involve implied threats, hyperbolic threats, improbable threats, vague threats, or metaphorical threatsnot delusional threats. (See Virginia v. Black , supra , 538 U.S. at p. 360, 123 S.Ct. 1536 [cross burning];

[262 Cal.Rptr.3d 702]