• Re: Is there a crime approximating to "incitement to violence" recogniz

    From Rich Carreiro@21:1/5 to [email protected] on Wed Apr 17 19:39:07 2024
    [email protected] writes:

    Is 'hate speech' recognized by law? If so - is it a crime?

    No, it's not. SCOTUS has ruled over and over again, most
    recently unanimously in 2017's Matal v. Tam that the First
    Amendment protects hate speech.

    As for incitement, it can be criminalized but only if
    it meets the test set out in 1969's Brandenburg v. Ohio.
    For incitement to lose First Amendment protection it must be

    "directed to inciting or producing imminent lawless action
    and is likely to incite or produce such action".

    And the courts have construed "imminent" very narrowly.
    It essentially means "right now".

    --
    Rich Carreiro [email protected]

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