IANAL, but I'm not sure free speech covers "death to Jews". It probably covers "death to America" since America isn't really a thing. It's an artificial (mostly legal) construct. You can burn a flag, and that is covered by free speech. If they said "death to Americans", that might be crossing a line because now you're -potentially- threatening actual people. Just as "death to Jews" would threaten people. The police should be monitoring those sorts of volatile protests, because they can get violent. "Death to Israel" probably(?) is on this side of the line because, like America, Israel is an artificial legal construct (as all nations are).

Just a guess, but I think I'm reasonably close. As long as you aren't threatening actual people, it's usually protected speech. And, yes, that can result in the occasional death. Whether self-immolation, or the Arizonan that killed the Sikh after 9/11 because he saw a turban, or plowing into protestors with cars, or numerous other examples. When it crosses the line of assault/battery/homicide, that's clearly over the line. Other than that, it's kinda fuzzy, and I don't envy the judges trying to make those calls.

US Policy FAQ

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