The Georgetown Law Institute for Constitutional Advocacy and Protection published a
fact sheet around the legality of “threats and incitement to violence related to the
election” following the 2020 election. The following information was included:

• The First Amendment does not protect violent or unlawful conduct, even if the
  person engaging in it intends to express an idea.
• The First Amendment does not protect speech that includes imminent violence or
  lawlessness.
• Threats of violence, stalking, and harassing people, whether private individuals or
  public officials, are not protected by the First Amendment and may violate multiple
  federal and state criminal laws.
• It is a felony under federal law to communicate a threat to injure or kidnap another
  person online, by phone, or mail, or using other interstate channels.
• It is a felony under federal law to engage in stalking, defined as a course of conduct
  conducted online, through the mail, or traveling across state lines, which would put a
  person in reasonable fear of death or serious bodily injury or cause substantial
  emotional distress, when done with the intent to kill, injure, harass, intimidate, or
  surveil that person.
• State criminal laws penalize threats to injure or kill another person as well as
  stalking, which generally refers to a course of conduct that involves repeated
  harassment or threats that would cause a reasonable person to feel terrorized,
  frightened or intimidated.
• Crimes of violence intended to intimidate and coerce are considered terrorism under
  federal law, see18U.S.C. & 2331, and the laws of many states, and threats to
  commit such crimes are not protected by the First Amendment.