I'm not saying I agree or disagree with it, but there is the concept that "even the most stringent protection of free speech would not protect a man falsely shouting fire in a theater and causing a panic."
In this specific case I think the analog to shouting fire in a a theater here would be to actually call in a bomb threat (or other threats). Which I believe the vast majority of HNers will agree should be a crime.
I'm honestly confused how people can see the situation described in the article as anything other than insane.