They are not communicating a threat,..... they are communicating a belief. Yes it deserves a backhand and flat out ass whoopin', the big BUTT is the same as the assclowns that burn an American Flag.
It is not for the rights you get to pick and choose to like. Like the 2nd Amend, not for the guns "some" folks like...
Now if some group decides to stage a counter protest, and fill up their "permitted" area with flag waiving Veteran bikers, and citizens that drown their protests out with Patriotism, and Love Of God & Country,.....
(and personally an ass kickin), than so be it. I'll gladly chip in for bail.
" I may disagree with you at every level, but I will defend your right to make an idiot, insulting, asshat out of yourself "
and if you get backhanded along the way,....well......
Can it be construed as "hate speech"

I didn't see too many arrests for protesters burning Cheney/Bush/Rumsfeld in effigy, putting a Hitler mustache on them, and wishing them dead...