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Notes -
I think you might be overstating the importance of the presence of burning objects. In Virginia v Black, the Court said that "Intimidation in the constitutionally proscribable sense of the word is a type of true threat, where a speaker directs a threat to a person or group of persons with the intent of placing the victim in fear of bodily harm or death. Respondents do not contest that some cross burnings fit within this meaning of intimidating speech, and rightly so." 538 US at 360. I don’t see why the Constitution necessarily allows the state to criminalize me walking up to you and saying, "Leave town or die, kike" but prevents the criminalization of me and a bunch of my friends standing outside a synogogue and chanting, "all Jews get out of town or die."
That being said:
In this particular case, the defendants apparently surrounded and threatened individual counter-protesters. They are not being charged simply for marching and chanting.
The Court will be issuing an opinion in a case re true threats any day now, perhaps today, so that might provide more clarity.
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