inciting violence and true threat

On August 7, the Newhouse Times (“the Times”) published a letter on its Op–Ed page from Terry Gerlach. In its entirety, the letter stated:
We can stop the murders of American soldiers in Afghanistan by those who seek revenge or to regain power. Every time there is an assassination or atrocity we should proceed to the closest mosque and execute the first five Muslims we encounter. This is a “Holy War,” after all and although this might not seem fair or just, it might end the horror.
Machiavelli was correct. In war it is more effective to be feared than loved.
The op-ed prompted immediate adverse reaction. From August 15-September 10, the Times published twenty-one letters from readers who criticized and objected to Terry’s letter. On September 9, a group of men at a local pub began discussing the letter, and some of them got fired up. As a group, they decided to egg Terry’s house. Once the bar closed, around 2am, these angry citizens approached Terry’s house armed with 10 dozen eggs. As the angry citizens began throwing eggs at his house, Terry appeared at the window, looking terrified. Through tears, he shouted “I’ll kill you if you don’t get off my property right now!” before disappearing behind his curtains.
A few minutes later the eggs ran out. Ronaldo Conroy, one of the angry citizens, picked up a rock and tossed it threw a window. He encouraged others to do the same, yelling: “Let’s get this mother—er! Let’s kick him while he’s down!” Conroy also told others where to find the rocks, and kept throwing them himself. The other people in the crowd didn’t join Conroy, and in fact several tried to discourage him from throwing rocks. As this was happening the police arrived, and Conroy was arrested for vandalism and inciting violence.
Answer the following questions:

Conroy wants to argue that his arrest is a violation of his First Amendment rights, and that under the Brandenburg standard he cannot be arrested for vandalism or inciting violence. Is he correct?
Conroy tried to persuade the police to arrest Terry, arguing that he made a true threat when he yelled “Death to all of you! Death!” Is he correct—did Terry’s speech constitute a true threat?

NOTE: To get full credit you must show all of your work. Do not simply give the answer, but describe how you got there: state the appropriate test, list the elements of that test, and apply each prong of the test to the facts at hand. Then, give your answer.