Whether a state court is prohibited from unilaterally determining whether a defendant's written speech on his blog is protected or criminal, without having to submit that issue/defense to the jury

QUESTIONS PRESENTED 1. Whether a state court is prohibited from unilaterally determining whether a defendant’s written speech on his blog is protected or criminal, without having to submit that issue/defense to the jury. 2. Whether a state court must instruct a jury on the federal definitions of fighting words and true threats as well all federal standards for determining whether speech is criminal or protected when a defendant raises the First Amendment as a defense. i