Put the whole thing in perspective. Kids cannot even pray today, in a public school assembly--which clearly violates at least two provisions of the First Amendment-- but you think that Jennings can yell fire in a crowded theatre that has just been fire bombed.
William Flax Return Of The Gods Web Site
I believe he DID violate the bounds of wisdom, decency, and common sense -- which form a far more restrictive perimeter.
Making Jennings, his managers at ABC, and his programs sponsors very uncomfortable until change comes is what is called for -- as it will come from an outraged citizenry.
Heavy-handed legal action by the Feds making a martyr out of Jennings would be unwise, and -- in my view -- less than Constitutional.