The documents don't say that the FBI was planning this. They say a third party was. The FBI redacted who that third party was. I'm wondering why there haven't beeny any arrests yet.
No. Conspiring to commit murder is definitely not protected by the First Amendment. And even fantasizing openly, which should be protected as long as no attempt is made to act on the fantasy, has tended to get people locked up in recent years.
If no actual preparations were made to execute the plan, it would be clear violation of the 1st amendment. What is the case of being locked up for fantasizing?
That's a nice theory, but there's a news article every fortnight these days about someone getting chucked in the slammer for a casual, jokey remark on twitter being interpreted as a "terrorist threat".
I'd rather tell that to his prosecutors, but if you want me to further his depression and risk another suicide by telling him his Constitutional rights were violated, then hey, that's your prerogative.
I won't, though, because I'm not that much of a dick. And I'd rather allow the First Amendment Center do the talking for me, since I'm not a trained lawyer.
Because making such a plan is protected by the First Amendment. Carrying it out is not.