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Thanks for the link, it is always a pleasure to learn from Ken White. The right to free speech (fortunately) seems to have evolved significantly since World War
by aDfbrtVt 5y ago
Thanks for the link, it is always a pleasure to learn from Ken White. The right to free speech (fortunately) seems to have evolved significantly since World War I! It would appear that the modern test to determine first amendment exemption is Incitement to Imminent Lawless Action and was established in Brandenburg v. Ohio in 1969 [1][2].
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Advocacy of force or criminal activity does not receive First Amendment protections if (1) the advocacy is directed to inciting or producing imminent lawless action, and (2) is likely to incite or produce such action.
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From that quote, I think it is pretty clear that the posts from Marjorie Greene would not pass the test and are thus eligible for first amendment protection (if Twitter was a government entity).
Caveat: Not an American, just a curious neighbour to the north.
[1] https://mtsu.edu/first-amendment/article/970/incitement-to-imminent-lawless-action https://mtsu.edu/first-amendment/article/970/incitement-to-i...
[2] https://mtsu.edu/first-amendment/article/189/brandenburg-v-ohio https://mtsu.edu/first-amendment/article/189/brandenburg-v-o...