Respond to the following fact pattern. Consider the speech at issue (hint: I bolded it for you), any tests and/or case history that may factor into First Amendment issues at stake.

If you are concerned about how to structure your answer, one easy way to go about this is by using what is called the IRAC method. First, identify the Issue at stake here, then identify any Rules/tests/case law that involve the type of issue at stake. Next, use the rules/tests/case law to argue your assessment of the situation, and then come to a Conclusion.

(Note: for the purposes of this fact pattern, the fact that it takes place at a school and in a designated free speech area does not matter. For us -- this is NOT a school speech issue. Please simply focus on the speech and the nature of the speech.)

Times were tense at University X. The board of trustees had just announced a 75% tuition hike for the following year, despite student protests, petitions, and heartfelt letters to the campus newspaper leading up to the tuition decision. Following the decision, the group Students for the Ethical Treatment of Students (SETS) sent out an email blast to the students as well as posting on their Facebook group (SETS for no DEBTS) that they would be engaging in a peaceful protest that night outside of University Xs administration building (in the schools designated free speech area). Facebook posts included names and photos of board of trustees members, along with their office phone numbers, captioned Enemy Number 1.

The protest was hot from the beginning. Knowing the passion involved in the protest, the university officials had called the police, who were in force in full riot gear. The students gathered around a permitted bonfire, some holding flaming torches to help light the area so the demonstrators could see and hear each other.

The leader of the group, a charismatic young man (SETS president A) who was very passionate about the problem even though he really had nothing personally at stake because his parents pay for school, worked the crowd through tweeting. This is a modern campus, remember, so obviously all the protestors are glued to their cell phones. Being technologically sound, SETS had set up two giant screens so protestors could see twitter coverage of the event. The students were sharing lively comical tweets as well as darker, more violent tweets during the event. SETS president A, tweeted throughout the protest.

At 8:00 p.m., SETS President A tweeted: Remember, our strength is in our numbers and our respectful dissent.

At 8:15 p.m., SETS President A tweeted: Their actions are unacceptable. We must make our displeasure known!

At 8:30 p.m., SETS President A tweeted: They will know us by our logic, argument, & certainty, not violence or disrespect. They will listen and change. #protest #dialogue #peace

The crowd continued to get rowdier. At 8:45 p.m., President A tweeted: Advice: If the trustees come to our town, our square, start a riot.

The tweets were met with cheers, retweets, and favorites.

To the surprise of SETS president A and the other protestors, the board of trustees exited the administration building around 9 p.m. Seeing them, SETS president A pointed to them and tweeted again:

He tweeted: It's very simple: All violence against human lives and bodies is categorically immoral. Property destruction is vastly more negotiable. #burnitdown

In response, angry students held up their torches, cheered, and headed for the administration building. The police took that as their cue to move in, and they arrested SETS president A.