Are Criminal Threats Protected Speech Under the First Amendment? Appeals Court Says No.
At about 2:00 a.m. on January 26, 2010, Margarito Iboa had a fire going on in his backyard. The Lancaster Fire Department arrived at his house. While firefighters attempted to extinguish the fire, coming from a 10 to 12 floor high mound of trash, Iboa yelled expletives at them and moved fire hoses a round, apparently in an attempt to disrupt their work.
Iboa was then arrested for violating Penal Code