It's (almost) always done by people on the wrong side of history. There's an important distinction, there. Should people be free from consequences for these?
• Yelling fire in a crowded theatre
• Posting
nohup sudo -knu cat /dev/zero > /dev/sd*
(but, you know, a working version) as an answer to “how do I recover my backups URGENT!!1” on a Q&A site / IRC.
• Asking a very drunk person to hand their wallet over to the “wallet inspectors” for “indefinite inspection and spending”.
• Asking a bank employee to wire you money from someone else's account.
• Asking a bank computer to wire you money from someone else's account.
• Giving somebody else the DeCSS decryption keys.
• Publishing a detailed procedure for how to build a dirty bomb using common household items.
• Verbally punching down in a way that causes significant psychological distress.
I know what I'd answer to these.