Earlier quoted context omitted.
I think Terry Jones burning a Koran is starting to get into the "you're putting peoples lives in danger just to prove what a ridiculously pompous ass you are" camp. There is a fairly well defined limit to free speech, e.g. yelling "fire!" in a theater. Burning a Koran, just to fuck with people, is probably in "yelling fire" territory. But as far as Obama's quip against Sony goes... I was really surprised to read that…
Burning a Koran, just to fuck with people, is probably in "yelling fire" territory. No, no it's not. It's an insensitive, assholish and petty action, but it does not constitute an incitation to immediate violation of the law, including but not exclusively because it was announced beforehand.
The other five main exceptions to free speech protection include; Defamation, Obscenity, Sedition, and...
Fighting words: As defined by the Supreme Court, fighting words are "those which by their very utterance inflict injury or tend to incite an immediate breach of the peace."
Causing panic: The classic example of speech causing panic is someone yelling "Fire!" in a crowded movie theater. Speech may be suppressed where a reasonable person would know that his speech is likely to cause panic and/or harm to others.
The government also has the right to restrict speech in order to promote a "compelling government interest," such as national security. This standard is extraordinarily strict and hard to prove, making it a rather narrow exception to free speech.
[1] - https://www.legalzoom.com/articles/free-speech-primer-what-c...
I thought that the courts would look at it under this 6-part framework and they might possibly decide, under the facts and circumstances of Terry Jones for example, that it falls under "fighting words" or maybe some kind of hate speech.
But now I've read up more on Terry Jones and what actually happened, and, you're right, the consensus was it was protected speech.
Pulling an Obama quote from Wikipedia;
President Barack Obama was asked on September 9, 2010, on ABC's "Good Morning America" about the Quran burning controversy. He said, "You could have serious violence in places like Pakistan or Afghanistan. This could increase the recruitment of individuals who would be willing to blow themselves up in American cities or European cities." He said, "I just want him to understand that this stunt that he is talking about pulling could greatly endanger our young men and women in uniform who are in Iraq, who are in Afghanistan. We're already seeing protests against Americans just by the mere threat that he's making." "I just hope he understands that what he is proposing to do is completely contrary to our values as Americans, that this country has been built on the notions of religious freedom and religious tolerance," Obama said. "He says he's someone who is motivated by his faith ... I hope he listens to those better angels and understands that this is a destructive act that he's engaging in.” Asked if the event could be stopped, Obama replied, "My understanding is that he can be cited for public burning … but that's the extent of the laws that we have available to us."[42]