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The context of how it's used should be taken into consideration.
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How do you propose to turn a law that is black and white into something so subjective? They arent allowed to investigate a person until they determine whether or not he might be serious.... mind you they need to investigate to determine that.
Oh by the way... it has a MUCH bigger impact on the country if our president is killed than just any Joe off the street. No there shouldnt be a difference but that's like saying the average guy doesnt get a bomb shelter so the President shouldnt either.