Thursday, August 11, 2016

Do menacing comments about Hillary Clinton cross the First Amendment line?; Washington Post, 8/10/16

James Hoefler, Washington Post; Do menacing comments about Hillary Clinton cross the First Amendment line? :
"Did Trump cross the First Amendment line with his comments? We look for guidance to the Supreme Court’s most recent case to test the limits of this sort of speech: Brandenburg v. Ohio. In that 1969 decision, the court set forth a three-part test to determine the contours of First Amendment sanctuary: Was criminal action (1) intended, (2) imminent and (3) likely?...
We all celebrate the First Amendment and its broad protections of speech, as egregious and unpresidential as that language might sometimes seem. But all political liberties come with limits, and a case could be made that Trump’s brutal entreaties have exceeded that limit. Should he continue to exhort violence at his rallies, it may be his own legal defense needs, rather than those of his followers, that he will need to worry about."

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