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View Diary: California Radio Station Held Liable in Negligence Case (w/ SPOCKO Update) (120 comments)

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  •  Threatening vs. incitement (2+ / 0-)
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    Radiowalla, suskind

    Imminence is not an element of a threat, so it was not an issue in the Kelner case.  It is an element of incitement.

    Another difference between a threat and incitment is   in whether the speaker is stating his intention, or is trying to influence others.

    Thus:

    "I'm going to kill Arafat"--that's a threat.

    "I'm going to kill Arafat later"--also a threat, because imminence is not an element of making a threat.

    "Let's take over the streets now"--that's incitement, depending on other facts and circumstances, such as whether it was meant to be understood to mean "let's perform an illegal act" or not, and because it is an imminent call to illegal action (if so intended).

    "Let's take over the streets later"--that's not incitement, because it lacks imminence.

    It might be fruitful to think about whether any hate radio could be solicitation.

    "This machine kills fascists"--words on Woody Guthrie's guitar

    by Old Left Good Left on Sat Jan 13, 2007 at 04:27:29 PM PST

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