Exactly. And all it takes is for a court to assert that since war is violence, then pro-war speech is an incitement to violence. I know, it sounds stupid, but how many really stupid judgments has the Ninth Court spewed out over the past decades?
The legal system in this country is based off of case law, which is all about previous rulings. If this judgment against Phelps proceeds sucessfully through the appeals system, then that makes it that much closer to the idea that pro-war rallies might be considered illegal.