[Dracophoenix]

And "speech brigaded with action" would still have to pass the muster of being "directed to inciting or producing imminent lawless action". One would have to prove a criminal element (almost always a mens rea) in addition to such speech rather than holding the presumption that the words themselves carry a distinguishing factor among other things. You're right to say it's prosecutable (although technically anything is prosecutable), however what you appear to allude to (and I could be wrong in assuming that of your claim) is that "yelling fire in a crowded theater" is prima facie unprotected speech. If so, then that hasn't been true since the Brandenburg test was instituted.