Under the latest 9th Circuit Ruling, you may very will be correct.   

"On appeal,  a three-judge panel of the 9th Circuit reversed the conviction in a 2 to 1 ruling, finding that the prosecution failed to sufficiently establish beyond a reasonable doubt that Bagdasarian’s “pure speech” constituted a “true threat” against a presidential candidate and was therefore protected speech under the First Amendment. United States v. Bagdasarian, No. 09-50529, 2011 U.S. App. LEXIS 14684 (9th Cir. July 19, 2011)"

"Yahoo! provided the Secret Service with the subscriber information for the email address  as well as the account’s Internet Protocol history, which allowed investigators to identify Bagdasarian as the user who posted the comments. Two Secret Service agents visited Bagdasarian’s home where he admitted to posting the comments and also that he owned firearms."

I will notify the Secret Service anyway.  Icon66 is too prone to violence in her posts.  She may yet snap.  They can decide.