The next day Gronda responded to Baker's message. Gronda wrote in his reply. But Lowenstein said that even with the messages, Baker's speech remain protected. Lowenstein said the prosecutor will need to connect Baker's messages to some action linked to the described plan. For instance, she said that buying a bag like he mentions in the e-mail could connect him to criminal behavior.
Any time there's a statute that criminalizes a threat, it still has to be a viable threat.
Prior to yesterday's move by the U.S. Attorney, the University only had released copies of three stories posted on the Internet, one of which named a female University student. The stories each describe the sexual torture of a female victim. The woman is killed at the end of each story. Vice President for Student Affairs Maureen A. Hartford said Baker's naming of a student increased the University administration's fear. When you have an individual student named, the University has to at least investigate and take that person's fear seriously.