Franciska Coleman, an assistant professor of constitutional law at the University of Wisconsin Law School, said the First Amendment places firm limits on when speech can be treated as disorderly conduct.
Coleman said courts usually look for evidence of incitement – a call for immediate lawless action – before speech can be punished as disorderly conduct.
“Here, there’s no advocacy of lawless action, period,” Coleman said. “So, it’s hard for it to meet the incitement standard.”
Other categories of unprotected speech, such as threats or “fighting words,” also do not appear to apply here, she said.