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That's not the only exception. You can't make "true threats." There are laws against conspiracy to commit crimes, which you might have described ("let's get t
by SamReidHughes 7y ago
That's not the only exception. You can't make "true threats." There are laws against conspiracy to commit crimes, which you might have described ("let's get together sometime") in your example.
- marcusverus 7y agoConspiracy requires more than speech. Two accountants who agree over drinks that "the shareholders are assholes, we should defraud them!" are not commiting a crime until they take some action past speech alone. Based on a quick Google search of the legal elements of conspiracy crimes, you need an actual agreement/plan to commit a crime and some consummating act that shows intent to follow through. Point being, these aren't really speech restrictions.
- SamReidHughes 7y agoApparently not, see U.S. v. Shabini, so an overt act requirement isn't a consequence of the 1st Amendment rule; just many laws (but not all) happen to require one. https://en.m.wikipedia.org/wiki/United_States_v._Shabani https://en.m.wikipedia.org/wiki/United_States_v._Shabani