Comment Re:A victory for internet trolls (Score 1) 144
The gist of this is that now statement in and of themselves cannot be actionable until it can be proven that the mind of the person making the threat actually intends harm.
This doesn't mean what you seem you think it means. The man harmed his wife by making what a reasonable person (including his wife) saw as credible threats. If he had no intent whatsoever to assault her in any way, but had the intent to make her afraid by sending credible threats, then he did in fact intent to cause her harm.
They have to prove that he intended to make threats, not that he intended to follow up on his threats. I don't actually see this as much of a problem. I am sure he would have been convicted with the right jury instruction, but the right jury instruction was not given.