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The Water Cooler
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Who Defends Our Right to Free Speech?
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<blockquote data-quote="Dave70968" data-source="post: 1911261" data-attributes="member: 13624"><p>Correct you are, but the elements of "incitement" set a fairly high bar: "...the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy <em>is directed to inciting or producing</em> imminent lawless action and is likely to incite or produce such action" [emphasis mine]. <em>Brandenburg v. Ohio</em>, 395 U.S. 444 (1969). The burden rests on the government to prove the intent.</p></blockquote><p></p>
[QUOTE="Dave70968, post: 1911261, member: 13624"] Correct you are, but the elements of "incitement" set a fairly high bar: "...the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy [I]is directed to inciting or producing[/I] imminent lawless action and is likely to incite or produce such action" [emphasis mine]. [I]Brandenburg v. Ohio[/I], 395 U.S. 444 (1969). The burden rests on the government to prove the intent. [/QUOTE]
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