ponderingturtle
Orthogonal Vector
- Joined
- Jul 11, 2006
- Messages
- 54,796
Oh, so you're totally fine with me saying I'm going to kill someone, as long as I can't actually do it?![]()
No this is incitement. You can call on people to kill the jews or gays or whatever as long as it is unlikely that they actually will. If then then do it you committed incitement.
"The incitement test first urged by Learned Hand did not become part of the Supreme Court's First Amendment jurisprudence until 1969, in the per curium decision of Brandenburg v Ohio. In reversing the conviction of a Ku Klux Klan leader who gave a speech warning "that there might have to be some revengeance taken" for "continued suppression of the white, Caucasian race," the Court held that the First Amendment allows punishment only of subversive advocacy calculated to produce "imminent lawless action" and which is likely to produce such action. "
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/incitement.htm