So there used to be this saying before the internet made everyone a constitutional scholar, “tell it to the judge.” His attorney argued that having negative thoughts isn’t a crime and the judge looked at the systematic stock piling of weapons, the research into mass murdering, The compiling of a hit list and where to find them, the fully formulated reasoning for mass murder and said no bail, go to jail. Having an argument over whether this guy is a threat to the public isn’t even academic at this point. Next stop is either a trial or a plea.
If we tossed everyone in jail with a sick journal, we'd need more jails. What would the Marquis de Sade say?
Well he was not tossed in to jail for visiting those sites remember, visiting those sites flagged him for further investigation and they then found the other emails inciting violence and the drugs and weapon stash.