The answer is that the right to free speech does not provide a trick to get around other laws. How close to violence do you have to get? That crime/tort is usua

The answer is that the right to free speech does not provide a trick to get around other laws. How close to violence do you have to get? That crime/tort is usually called "assault" and (IANAL) the standard is usually on the order of "would a reasonable person thing he was about to be subject to some kind of physical attack". So brandishing a knife and saying in a serious tone "prepare to be stabbed" would count. Saying "I think anyone whose favorite band is 'Green Day'" would probably not. We also have laws and civil actions for fraud, defamation, slander, libel. For all of them a key component is that you are lying to achieve some end- take money, or ruin someone's reputation. These lines are actually very easy to draw. If the thing you are bothered by and trying to outlaw is the thought behind them then they are protected. If you are trying to stop something that would be considered criminal or a civil tort regardless of how it was achieved (stealing, making some think he is about to get hurt, ruining someone's reputation) then it is not protected.