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View Diary: Over the Line: Wingnut Pastor Attempts Inciting Assassination (216 comments)

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  •  b vs ohio (3+ / 0-)
    Recommended by:
    GreyHawk, lazybum, fnord warrior

    Brandenburg v. Ohio, 395 U.S. 444 (1969), was a United States Supreme Court case based on the First Amendment to the U.S. Constitution. It held that government cannot punish inflammatory speech unless it is directed to inciting and likely to incite imminent lawless action.

    Language is wine upon the lips. -Virginia Woolf

    by valadon on Sun Sep 13, 2009 at 06:30:53 PM PDT

    [ Parent ]

    •  more from Wiki (3+ / 0-)
      Recommended by:
      G2geek, GreyHawk, lazybum

      Imminent lawless action is a term used in the United States Supreme Court case Brandenburg v. Ohio (1969) to define the limits of constitutionally protected speech. The rule overturned the decision of the earlier Schenck v. United States (1919), which had established "clear and present danger" as the constitutional limit for speech. Under the imminent lawless action test, speech is not protected by the First Amendment if it is likely to cause violation of the law more quickly than an officer of the law reasonably can be summoned.[citation needed]

      The doctrine states that speech that will cause, or has as its purpose, "imminent lawless action" (such as a riot) does not have constitutional protection. As of 2009[update], "imminent lawless action" continues to be the test applied in free speech cases.

      Language is wine upon the lips. -Virginia Woolf

      by valadon on Sun Sep 13, 2009 at 06:41:44 PM PDT

      [ Parent ]

      •  "more quickly than an officer of the law.... (1+ / 0-)
        Recommended by:
        GreyHawk

        can reasonably be summoned."

        VERY interesting.  

        An assassin, by definition, certainly does his damage more quickly than an officer of the law can be summoned.  In a few seconds he raises his weapon, someone near him who sees it screams out loud, and he gets a chance to shoot before the intended victim even knows what the threat is, much less has the chance to summon help.  

        Nor can one summon help when one doesn't know what the threat will look like.  

        This is a line of specualation that would be interesting to pursue.  

    •  is falls into that category (2+ / 0-)
      Recommended by:
      valadon, GreyHawk

      When you tell your congregation or in his case fellow zombies to kill the president then it goes well past free speech. he's telling them to do it.

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