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Absolutely not. Courts at the trial level routinely vary in their analysis/implementation of various statutes. The issue is not legally "settled," and if this charging practice becomes more widespread I would expect plenty of constitutional arguments from defendants.
What might be settled is a pattern and policy in certain prosecutorial offices of charging disfavored speech as "intimidation" under this particular theory.
What certainly is settled is an increased willingness in PMC strongholds to weaponize lawfare and prosecutorial discretion to target conservative activists. Insofar as the process is the punishment, this has been successful. Forum-shopping trial courts has also brought trial-level successes. It remains to be seen how any of this does on appeal, (IIRC).
The issue isn't formally settled. Practically it is. Prosecutors will prosecute, lawyers will tell their clients they'd better take the plea deal because they'll surely be convicted, trial courts will convict, appeals courts (if reached) will not seriously entertain the arguments -- they'll act as if it's formally settled.
There isn't going to be any appeal.
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