- Nov 18, 2020
Free speech doesn't cover incitement of violence.
Opinion piece link.Brandenburg was arrested, charged under an Ohio statute, convicted, and sentenced to 10 years in prison. A unanimous Supreme Court overturned his conviction. The Court held that speech like Brandenburg’s could be criminally punished only where “such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.”
This standard has lots of requirements. The speech must be directed toward producing action. It must be likely to result in such action. The action must be unlawful. And the action advocated for must be imminent.
I'm still trying to get how the speech was "Imminent & unlawful" but they're able to use posts from the past as well as taking others opinions.