[red-iron-pine]

the content of the speech is protected. you can say "fuck this guy" where this guy could be anyone.

but you can't legally send encrypted over the radio, since those protocols are restricted by the FCC.

You won't catch a charge for what you said, but you might get fined for misuse of the radio band. its the same way you can't spray paint a slogan on the front of someone's business -- the content is fine, but the medium is not.