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Onora O'Neill has a good explanation of the first. As for the second, Elonis v. United States shows it's not enough (in the USA) for a reasonable person to feel threatened by a communication; true threats require mens rea.

In some cases, recklessness may be considered evidence of guilt. But if it is, it requires consideration of the venue. Posting something in your gallery, or in an a general forum in a way that it might reasonably be avoided by the sensitive, may be judged differently to a PM, or posting in a forum dedicated to a group who may feel threatened.

The key take-away is that an individual's feelings are not the ultimate arbiter of whether a crime has been committed, either for the purported victim or the accused. The views of the wider community are relevant. The bar for recklessness can also be quite high.

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