Rich,

The Constitution guarantees a right of free speech. But rights come with responsibilities. That part is forgotten or was never known to the Malhuer whack jobs. You yell "Fire!" in a crowded theater that is not on fire and you will be prosecuted. I don't know if it's illegal to encourage other people to join an illegal occupation, but the court will figure that out. The fact that the nut cases didn't think the occupation was illegal doesn't give them a pass. So their perception of no intent is no better than some idiot who doesn't think robbing stores or banks is illegal. It's legal to be an idiot, but if one's idiotic behavior includes illegal acts, then they can and will be prosecuted and penalized if found guilty.

Free speech includes the right to report on the occupation, and even to agree with the occupation, or write that the government is oppressive and that it should turn the refuge over to ranchers. But encouraging others to join an illegal occupation might be like inciting other people to riot, and that was ruled an illegal act by courts long, long ago.

Sg