So the prosecutor is going to have to say that it's like yelling "fire" in a crowded theater.
Well... it's sort of like that. Hell, fire, brimstone. I guess there's a small legal point in all of this.
It is twisted logic that the prosecuter is using but to tease your point a little further, I wonder if it will now be unlawful for a preacher to say "you will burn in Hell."