The You Can't Make This Shit Up Department

[Minimalist]

Just because there is free speech it doesn't mean it can't get restricted if threatens a common good,

This is still the determining case on the subject.

http://en.wikipedia.org/wiki/Brandenburg_v._Ohio

Brandenburg v. Ohio, 395 U.S. 444 (1969), was a landmark United States Supreme Court case based on the First Amendment to the U.S. Constitution. The Court held that government cannot punish inflammatory speech unless that speech is directed to inciting, and is likely to incite, imminent lawless action.[1] Specifically, it struck down Ohio's criminal syndicalism statute, because that statute broadly prohibited the mere advocacy of violence.