3 ms·
It was my understanding that 18 U.S. Code § 871 included depictions enticing or encouraging such acts. Not according to Brandenburg v. Ohio, which states:
by xenophonf 10y ago
It was my understanding that 18
U.S. Code § 871 included depictions
enticing or encouraging such acts.
Not according to Brandenburg v. Ohio, which states:
The constitutional guarantees of free
speech and free press do not permit a
State to forbid or proscribe advocacy
of the use of force or of law
violation except where such advocacy
is directed to inciting or producing
imminent lawless action and is likely
to incite or produce such action.
The key words there are "incite" and "imminent lawless action". But don't just take my word for it. You can read the decision for yourself here:
https://www.law.cornell.edu/supremecourt/text/395/444 https://www.law.cornell.edu/supremecourt/text/395/444