1) speech or its suppression is not really at issue in disturbing the peace cases. It is possible that amplification of the speech by electronic means or loud speech in a confined area could constitute disturbing the peace but in that situation the defense of the right of free speech is not really apposite. It is critical that it is not the content of the speech which is an issue.
2) the reaction of the audience is also not really an issue or should not be. The test should be whether the action alleged to disturb the peace is itself disturbing. It is possible that the context might include the proximity of the audience, the confinement of the space, etc. in which it is calculated that offensive action (also including speech) might be unlawful. But the actual reaction of the audience ought not to be the test. Again,the content of the speech should not be the test.
