Yes but there you’re regulating based on the causal relationship with killing not the context of the opinion expressed. I’m not saying you can’t or shouldn’t regulate based on opinion/expression just that it’s perfectly cogent to have that as a line.
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Whilst we do regulate actions that could have had consequences for others but did not (eg attempted murder) we don't (now?) regulate actions themselves without more ado, we regulate because of their actual or possible consequences for others.