I can't directly reply to npo9, but I imagine the argument in front of the court would amount to something along the lines of where shouting "Fire!" in a crowded theater is not protected by the 1st Amendment, either. It's about balancing the freedom versus the overall public good.
Where that balance is, I don't know. That's why we have the courts, to begin with.
Where that balance is, I don't know. That's why we have the courts, to begin with.