This is a great ratification of our constitutional right to speak out without fear. There is nothing in the constitution about yelling “fire” in a crowded theater. What that is an intentional tort resulting in bodily injury . You cant pass a law and a law was NEVER passed that says you can’t cry “fire” in a crowded theater. CONGRESS SHALL PASS NO LAW ABRIDGING FREEDOM OF SPEECH” Thank God for the judiciary to keep out rights. Let’s go picket their “Church”.
However, I could see an argument that what WBC does could be construed in the same manner as “Fighting Words”.
From Wikipedia:
The fighting words doctrine, in United States constitutional law, is a limitation to freedom of speech as protected by the First Amendment to the United States Constitution. In its 9-0 decision, Chaplinsky v. New Hampshire (1942), the U.S. Supreme Court established the doctrine and held that “insulting or ‘fighting words,’ those that by their very utterance inflict injury or tend to incite an immediate breach of the peace” are among the “well-defined and narrowly limited classes of speech [that] the prevention and punishment of...have never been thought to raise any constitutional problem.”