4 ms·
Incitement of violence is an incredibly high legal bar. Hypotheticals, don't count. Hints don't count. Dogwhistles don't count. Impassioned political speech do
by beerandt 6y ago
Incitement of violence is an incredibly high legal bar.
Hypotheticals, don't count. Hints don't count. Dogwhistles don't count. Impassioned political speech doesn't count.
The fire in a theatre quote that everyone seems to know is even from an overturned case. (Schenk v US)
The Brandenburg case that overturned Schenk held:
If a threat is not immediate
OR
If it's non-specific/ non-literal
Then it's not criminal incitement, because it's protected free speech.
Interpretations of "what Trump meant" don't count, even if you believe with all your heart that he meant something other than the literal words spoken.