Google the Brandenburg Test. He incited imminent lawless action. Emotions aside, the fact of the matter is you do not have to be the one who actually commits the crime nor do you have to pay someone to commit the crime on your behalf. As long as his orders were "directed to inciting or producing imminent lawless action" AND "likely to incite or produce such action," he is not protected under the first amendment.
He was rightly convicted and sentenced. It's just a shame that California abolished the death penalty before they gassed the SOB and his mentally f***ed followers.
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