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View Diary: The Smoking Gun: Here Is Why Glenn Beck Should Be Fired NOW! (274 comments)

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  •  and standing up for Brandenburg. (0+ / 0-)

    The Brandenburg standard of "imminent" threat is what gives these people a loophole.  And there are still plenty of people around here who stand up for that standard, though I'm going to do my darn best to convince 'em or at least wear 'em down trying to out-argue me on that.

    The standard ought to be "clear and foreseeable with a reasonable person test."  And if that has a chilling effect on violent language in general, GOOD, it's like a broad standard for kiddie porn that helps discourage videos that look to all the world like highschool girls cavorting with their teachers but come with a disclaimer that the actors were 18 and the setting was a college.  People can just learn to tone it the hell down, and the overall level of civic discourse will improve as a result.  

    •  I agree Brandenburg (1+ / 0-)
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      needs to be revisited and the sooner the better.  How does your proposed revision play out if the agent is mentally ill, i.e., not a reasonable person?  Wouldn't it be pretty difficult to convince a jury that Beck's rants and exhortations caused someone with paranoid schizophrenia to kill?

      Again, I agree a standard beyond "imminent" threat needs to be established but it certainly mitigates any application in the Arizona shootings because of the guy's serious mental health issues.

      A petty criminal is someone with predatory instincts but insufficient capital to form a corporation.

      by stlsophos on Tue Jan 18, 2011 at 05:05:59 AM PST

      [ Parent ]

      •  poisoning pigeons in the park. (0+ / 0-)

        Yes, there are crazy people who will "go off" anyway.  And there are people who are more or less sane, who won't go off unless you do an amazingly good job at inciting them.  In between is a large range.  If you pitch your message right (and the media are experts at this), you can reach a very select number of people out of the total of viewers who are watching.  

        And if you're particularly good at this, you'll reach the people who are crazy enough that they "could have" gone off on their own.  

        Now of course we can't base our society on a lowest-common-denominator standard whereby all public media are dumbed down such that nothing could possibly trigger a nut.  But we can go after the most outrageous and egregious hate-spew, and that by itself will make a substantial difference.  

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