throwawayor624

Grocery stores have been doing this for decades.

"Our milk supply expires at the end of the week? 50% off!"

And then they raise the price of eggs, bread, peanut butter, and other frequently purchased items by 5 cents each.

Not a lawyer either, but it's formally called The Brandenburg Test:

https://en.wikipedia.org/wiki/Brandenburg_v._Ohio

"The Court held that government cannot punish inflammatory speech unless that speech is 'directed to inciting or producing imminent lawless action and is likely to incite or produce such action.'"