Thxs for this. This was exactly the question I was going to ask you yesterday, but didn’t get around to it: whether the case law contained any discussion of the “humor defense” which, as you say, is not absurd on its face. And it does, and the board and courts have rejected it.
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Just to be clear, your position is that the context of speech is per se inadmissible, & the ALJ is barred by law from considering whether a statement would be reasonably interpreted as a threat or not.
End of conversation
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