this is harassment - this is why there are laws on the book.

you have a verbal warning being left, with what is determined to be a credible threat of harm. it's up to the state to show that the threat to harm bernie is indeed credible, and, if so, that would be in the small list of things that speech doesn't cover.

the key point is harm - there has to be a credible concept of harm.

https://www.thestar.com/news/world/us/2019/05/01/florida-man-guilty-of-leaving-threats-for-bernie-sanders.html