Without looking closer at the original tweets, it's entirely possible the they could be considered: a threat, fighting words, or incitement.
Again, without looking, I'm not sure which one applies, and I don't really care enough to. But, you're right, there ARE limits to free speech. Some people would like to expand those limits to "anything I don't like," but that doesn't change that they exist.
I'd say excluding justified killings, Tom's estimate would be conservative to say the least.
Also, with the sheer volume of shootings, and the increasing number of police killings where we're seeing police overstepping the bounds and then claiming it was justified, I wouldn't be surprised if the number of genuinely justifiable police shootings are in the single digits. With a most of them being "justified" because the person they killed was trying to defend themselves from a madman on a power trip with a badge and a trunk full of military hardware they were itching to play with.
Yeah... not really feeling it. It might just be the situation's a little too fucked up for that, at the moment, or it might be the part where, if you'd left the parody tag off of your post, there'd be no way to know you weren't serious.
Well, and we're already seeing this. What SOPA and the other heavy handed legislation has shown the tech sector is, they need to get serious about lobbying. Which was something they had stayed out of.
The other major factor is probably going to be lobbying against patent trolls, which could easily create a tech coalition in lobbying.
It's not at the personal level that Loki seemed to be talking about, but at an organizational level, where the legacy industries face a real risk of actually being destroyed, and not just in their bottom line takes an imaginary hit kind of way.
I remember Mark Halprin, in his book Digital Barbarism, talking about how he thought that there were factions out there that wanted to see the destruction of copyright, as a whole... and of course, going on about how horrible that would be.
But, it occurs to me, that if the legacy entertainment industry keeps pushing against the tech sector as hard as they are, they could very well create, and die, to the monster they've imagined.
The Supreme Court has always been in a bit of a precarious position. Strictly speaking it has no real enforcement powers. If a lower court simply chose to the court's ruling, there isn't a mechanism the court can directly employ.
Walking out on Congress is a horrible idea because if they piss them off enough, Congress can just start defunding them. But, the Supreme Court has no real recourse like that.
We've even seen this with the CAFC getting cases thrown back in it's face over and over by SCOTUS. Now, CAFC hasn't simply up and decided that, "no, screw the Supreme Court." But, with the Copyright Office basically ignoring them, this can only get worse.