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In the US, incitement is a very narrow exception. According to a first-amendment lawyer: > In America, under the First Amendment, I can say something like "if
by deogeo 8y ago
In the US, incitement is a very narrow exception. According to a first-amendment lawyer:
> In America, under the First Amendment, I can say something like "if Donald Trump gets elected, someone should assassinate him for the good of the nation." That statement may be immoral, and destructive of the very American values it purports to defend, but unless it calls for imminent action or expresses an objectively credible intent to do harm, it's protected speech.
Source: https://www.popehat.com/2016/08/09/lawsplainer-no-donald-trumps-second-amendment-comment-isnt-criminal/ https://www.popehat.com/2016/08/09/lawsplainer-no-donald-tru...
- gamblor956 8y agoYour example is not incitement... Incitement is a specific call to action, not a general, broad-based statement. In the US, it must further be for "imminent" unlawful acts, though the "imminence" required varies based on the act incited. If Michael Cohen were to say to Roger Stone, "kill Donald Trump by poisoning his Big Mac tomorrow" that could be incitement if Cohen had previously or afterwards tried to convince stone to actually do it. (Alternatively, it could also be seen as conspiracy, and frequently prosecutors charge conspiracy instead of or in addition to incitement because they usually both apply and it's much easier to prove conspiracy.)
- deogeo 8y ago> Your example is not incitement... I know - I gave it to illustrate how narrow incitement is, if even that doesn't qualify. And it's not really mine, but given by popehat.