Statements don't lose 1st amendment protection because they're "terroristic." The benchmark for that has always been "true threat." That's the law.
As for the New Braunfel's government's treatment of the kid: what the law is and what it's smart to say have always been two separate things. I'm willing to test the boundaries of the 1st amendment in say New York or Chicago. Maybe Austin or Dallas. Not so much 30 miles outside of San Antonio. This has always been the reality of places where the police don't have much better to do, and where things like this don't invoke national scrutiny.
As for the New Braunfel's government's treatment of the kid: what the law is and what it's smart to say have always been two separate things. I'm willing to test the boundaries of the 1st amendment in say New York or Chicago. Maybe Austin or Dallas. Not so much 30 miles outside of San Antonio. This has always been the reality of places where the police don't have much better to do, and where things like this don't invoke national scrutiny.