Do you see an "artistic expression" exception in the law I cite?
Because the Secret Service doesn't: https://thehill.com/blogs/in-the-know/in-the-know/420406-kat...
If you think that concept applies in this case, you'd best stay away from this topic entirely before you get yourself in a lot of trouble.
Again, this is a public service announcement. Not an endorsement, a celebration, a denunciation, a political statement, or anything else. Don't do this, not even playing around, unless you are aware of what you are doing and ready to take the consequences for it.
It would have to go before a court. I think it wouldn't be too hard to convince a jury (or judge) that a head-in-a-basket AI art + description is expression (first amendment) and not a threat
Edit: your first link is a genuine threat. the second one is a picture of someone holding a photo-realistic, mangled head. The head-in-a-basket is neither
You should stay away from this, in case you haven't figured it out. You're not even in the ballpark of a correct understanding of this situation. Better to just think you could argue your way out of this with a deficient understanding of the law than to put it to the test and find out how wrong you are in a courtroom.
Relax, I have no interest in testing any of this. I'm just shocked that there's so little room for interpretation
Sorry if I'm acting dense, it's not on purpose. What am I missing?