Thank you, my memory was hazy on this. So there was a court case, but it sounds like it was ultimately undecided, since the original opinion (that it constitutes protected speech) was withdrawn?

> The Ninth Circuit ordered that this case be reheard by the en banc court, and withdrew the three-judge panel opinion ... almost nine years after Bernstein first brought the case, the judge dismissed it and asked Bernstein to come back when the government made a "concrete threat"