Legal Question in Criminal Law in California

Generally yes. Context matters, though. If it's done in a way that would reasonably be expected to incite imminent violence, then it might not be. But the same is true of any speech that is likely to have such an effect. This scenario is more than a little far-fetched, but I suppose it could happen.

Did you do it in his bedroom, after your broke in, at about 2:00 a.m. in the morning? That is what Mr. Hoffman means, the context is extremely relevant.

There is a 9th Circuit U.S. Court of Appeals case that held that a person who wore a T-shirt that said, "F--- The Police" was thereby engaging in protected First Amendment speech. As a practical matter, however, you could get your bones broken long before you ever get your day in court.