The Soapbox

RML Hoos

Joined: 11/04/2004 Posts: 1838
Likes: 2068


If it’s not a true threat or incitement then is should be allowed - not


approved of or endorsed or encouraged or praised, but allowed.

A march of students in the US explicitly calling for the extermination of an entire race or country is almost never going to fall into either category.

True threats - in Virginia v. Black “statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.” Additionally, it’s only a true threats when the speaker expresses intent to explicitly cause immediate harm.

Incitement - In Brandenburg v. Ohio incitement is defined as - "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."




[Post edited by RML Hoos at 12/07/2023 2:34PM]

(In response to this post by CharlestonSC)

Posted: 12/07/2023 at 2:24PM



+1

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