are being charged with?
Treason and sedition are crimes and illegal:
https://www.law.cornell.edu/uscode/text/18/part-I/chapter-115
18 U.S. Code CHAPTER 115— TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES
§ 2381. Treason
§ 2382. Misprision of treason
§ 2383. Rebellion or insurrection
§ 2384. Seditious conspiracy
§ 2385. Advocating overthrow of Government
§ 2386. Registration of certain organizations
§ 2387. Activities affecting armed forces generally
§ 2388. Activities affecting armed forces during war
§ 2389. Recruiting for service against United States
§ 2390. Enlistment to serve against United States
If they are not being charged with any of those things it isn't because of the constitution.