Obviously, I'm not talking about the verbatim quotes I provided. There has to be some level of evidence that proves intent to commit a crime and the second quote is meant to represent that whole class of statements, but it depends on context. Any given quote won't constitute evidence in every case, but it will in the cases where it proves intent beyond a reasonable doubt.
replyI'm not sure why you think my argument holds no water when there are clear legal precedents that speech is not protected in some cases where there is "imminent lawless action".
I'm not a lawyer so take this with a grain of salt, but it seems like there is a big gap between speech that is "directed to inciting or producing imminent lawless action" and just saying that you will do something.
replyDepending on context saying "I'm going to rob the bank X tomorrow" might also count as a threat?
But, in either case, writing this in a private diary could not be incitement or a threat because you are not communicating with anybody except yourself.