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The twelfth amendment to the constitution was added in 1804 in response to the 1800 presidential election. This amendment was meant to break a tie in the presidential election as was witnessed when Thomas Jefferson, a presidential candidate received the same number of electoral votes as Aaron Burr, the vice presidential candidate.
Not entirely sure what this is acting. But as far as freedom of speech threats are not protected. In order to receive free speech right, you must also be a US citzen.