DA> But what if someone stands on the public sidewalk in front of your
DA> house and yells out "I'm going to kill you asshole!"  Is he merely     
DA> exercising his 1st amendment rights?  How would you feel if someone    
DA> were to do that
Let's clarify this.  I believe the above should be illegal, but I do
not equate it to the same level of seriousness (and penalties) as
cold-blooded murder (I know you didn't say so otherwise).
There are different ways of dealing with this problem.  First of
all, it is probably disorderly conduct or disturbing the peace in
most localities or states.  It certainly does not merit 20 to 30
years at hard labor in a federal prison.
Some victims might even employ their own "methods" that might be
considered vigilantism.  I'm not saying I would do that, nor am I
saying I would advocate that; however, many Americans are
resourceful and won't go crying first to the government for help.
Perhaps that's why we have so much crime (because people first look
to government to solve their problems).
Finally, this sort of action could well be resolved as a civil
action.  I can't imagine any credible judge not issuing a
restraining order against such reprehensible conduct as you
described.  If the judge tolerates it, then that judge is very much
part of the problem.
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