This has always seemed blatantly unconstitutional, though, intentionally abused to create a chilling effect. It's not something I have or will say, but if "I want to kill Fred" isn't classed as a Virginia v. Black "true threat", the government has no legal basis for charging. Technically the statute isn't unconstitutional, it's just widely-abused.
https://m.youtube.com/watch?v=QEQOvyGbBtY&pp=ygUcd2hpdGVzdCB...