What is the legal test for making a threat during a telephone call?
California, United States of America
The following excerpt is from People v. Brooks, 26 Cal.App.4th 142, 31 Cal.Rptr.2d 283 (Cal. App. 1994):
The demarcation between speech which is protected by the First Amendment and that which is punishable under statutes prohibiting threats was explained more elaborately in Shackelford v. Shirley (5th Cir.1991) 948 F.2d 935. The case concerned a Mississippi statute which prohibited making a threat to injure or harm during a phone call.
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