Uncommon Commentary #265: Persecution by Prosecution?

In February, around the time when Emperor Nerobama appeared at the University of Miami, a Miami-Dade Community College student named Joaquin Amador Serrapio, Jr., made Facebook postings against him; according to an Associated Press item, one post "threatened to put a bullet in the president's head"—At least then he’d have something in his head!—and another "asked if anyone wanted to help with a presidential assassination".  I don't say that he did the right thing, but as the AP article admitted that there is "no indication Serrapio intended to act on the threats", does he really deserve a possible prison term (for a maximum of five years)?  He has requested a change of his plea to "guilty"; if the change is allowed, then there must be a sentence, but it ought to be suspended, as should the legal career of whoever brought charges against him.