Holding this kid for what he said is clearly unconstitutional. I think every federal court in the country would hold likewise. But a police department in a small town where residents are scared to death of another Columbine or Sandy Hook? They don't care about the first amendment, and they never have. Small towns have never been a place where you could just say whatever you wanted. They've never had that mentality. It's just much more visible now that everything is on the internet.
1) nobody
2) nobody but the parents
3) nobody but the kid, who will have to go to jail for being insolvent
4) more nobody
Of course he MAY get an apology from the Government. Or, come to think of it, he may not...Which government?
The whole thing seems absurd. His statement is obviously making fun of the person calling him insane, not a threat. It's pretty bad when you have to be so careful with what you say, because it can be considered "terroristic". Who get's to make that determination and how long do you get to sit in jail for until it's decided regarding a crime that wasn't committed?
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.