When words speak louder than actions

  Picture this scenario: A woman contacts a hitman. She tells him she wants her husband dead and promises to pay him $5,000 once the job is done. But the police find out about the plot before the murder can take place and the woman finds herself under arrest. Her defense? She never actually did anything to hurt her husband. All she did was exercise her freedom of speech by having a conversation with a contract killer.

  Does that argument work?