We setup a system such that state legislatures can setup how voters choose electors and then they cannot change those rules after the fact without the aide of a special session which they do not have this leaving electors to the voters. They tried to argue the state Congress should have the power to overturn voters electors in court based on their greviences with the supposed irregular vote and the Trump appointed judge did not agree. The administration of the election by the rules created by the legislature were sufficiently followed and they shouldn't be allowed to set aside the popular vote for political reasons.
The utterance is not what makes it illegal. It's the Panic you cause if it not on Fire and a Lie. If no one hears the utterance in an empty Theater, you cause no Panic.
I'm not saying theres zero argument for state congress having absolute authority to ignore the will of the people. But clearly the furthest right judicial members are not agreeing these arguments are solidly founded in law.
Causing a panic that gets a bunch of people hurt can be charged as "disorderly conduct" or something like that... so its the act not the word that is illegal.
But some might try to say well the First Amendment protects me because I can say whatever I want.
