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Is the cemetery not private grounds? Also, this is not entirely true... there are regulations as to what activites you CAN participate in on public grounds. Private property... have at it, if you have permission, of course. Again, based on the strictest verbiage of the First Amendment, I would have to say that any laws against these actions would not directly violate that amendment.
US Constitution, Article III, Section 3:
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
Is this not aiding the enemy? I mean, not to be a stickler, but fighting against American troops is certainly counter-productive to the war. And during a time of war, while it may be splitting hairs, I could see his acts as Treasonous and punishable as such. But that's just me...
From the strictest sense of the Constitution, I don't think he has a leg to stand on, so to speak.
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