Federal prosecutors say former President Donald Trump posted on his social media platform what he claimed was the home address of former President Barack Obama the same day a man with guns in his van was arrested near the property.
Isn’t this incitement? Isn’t this exactly what is illegal? He’s literally pointing out places to hit.
So I did some digging and… Funny enough here is a SCOTUS case on someone advocating communism: https://en.wikipedia.org/wiki/Whitney_v._California In the end “Defendant’s conviction under California’s criminal syndicalism statute for membership in the Communist Labor Party did not violate her free speech rights as protected under the Fourteenth Amendment, because states may constitutionally prohibit speech tending to incite crime, disturb the public peace, or threaten the overthrow of government by unlawful means.”
So it is illegal, right? He’s literally trying to incite crime! But wait! https://en.wikipedia.org/wiki/Brandenburg_v._Ohio is literally the KKK and Ohio tried to jail the KKK leader for 10 years and a 1,000 dollar fine but SCOTUS struct it down “Ohio’s criminal syndicalism statute violated the First Amendment, as applied to the state through the Fourteenth, because it broadly prohibited the mere advocacy of violence rather than the constitutionally unprotected incitement to imminent lawless action.”
So advocating violence isn’t a crime but advocating crime is incitement and violence in the cases being talked about is a crime. So realistically when a white supremacist talks about killing a black person, it’s free speech. When communists advocate a peaceful change in government it’s a crime. Just so we are clear.
Isn’t this incitement? Isn’t this exactly what is illegal? He’s literally pointing out places to hit.
So I did some digging and… Funny enough here is a SCOTUS case on someone advocating communism: https://en.wikipedia.org/wiki/Whitney_v._California In the end “Defendant’s conviction under California’s criminal syndicalism statute for membership in the Communist Labor Party did not violate her free speech rights as protected under the Fourteenth Amendment, because states may constitutionally prohibit speech tending to incite crime, disturb the public peace, or threaten the overthrow of government by unlawful means.”
So it is illegal, right? He’s literally trying to incite crime! But wait! https://en.wikipedia.org/wiki/Brandenburg_v._Ohio is literally the KKK and Ohio tried to jail the KKK leader for 10 years and a 1,000 dollar fine but SCOTUS struct it down “Ohio’s criminal syndicalism statute violated the First Amendment, as applied to the state through the Fourteenth, because it broadly prohibited the mere advocacy of violence rather than the constitutionally unprotected incitement to imminent lawless action.”
So advocating violence isn’t a crime but advocating crime is incitement and violence in the cases being talked about is a crime. So realistically when a white supremacist talks about killing a black person, it’s free speech. When communists advocate a peaceful change in government it’s a crime. Just so we are clear.