Where a group alleged to constitute a conspiracy engages in constitutionally protected activity, does the standard of review apply?

Where a group alleged to constitute a conspiracy engages in constitutionally protected activity, a stricter standard of review applies. See Noto v. United States, 367 U.S. 290, 299-300 (1961). Appellants argue that the conspiracy with which they were charged involved speech and conduct protected by the First Amendment, and that they should therefore be entitled to the stricter standard of review of the legitimacy of their convictions. But defendants were charged with threatening and intimidating government officials in violation of 18 U.S.C. Sec. 876 and 26 U.S.C. Sec. 7212(a). Such speech and conduct is not protected by the First Amendment.