Certainly Professor Guiora has raised very profound issues.
It would help me to have a specific scenario of how this would play out. For example – some well known Christian radical fundamentalist preacher (who has been known to call on God’s wrath against some group) gets up in the pulpit one Sunday and says; “I have had a direct revelation from God and today, if you believe, you will go out and kill so-and so. (the preacher names an individual).”
If the FBI had been forewarned would it be illegal (under present statutes) for them to plant agents? Would they be allowed to arrest or at least hold preacher for a time?
Is there really a difference between what you may be calling for in terms of limiting free speech and assembly and what in fact happened with the FLDS or the Hutaree militia?