Politics And Current Events
Politics And Current Events
There is a very high standard for incitement. Under Brandenberg v. Ohio, the government cannot punish inflammatory speech or incitement unless that speech was "directed to inciting or producing imminent lawless action and is likely to incite or produce such action." This is a very high burden to meet, and to merit conviction, the lawlessness or violence advocated must be "intended, likely, and imminent." Convictions for incitement are very rare.
This, of course, doesn't matter to impeachment, because the Senate can vote however it wants.
Incidentally, talk about incitement or inflammatory speech often brings up the hoary old line about "shouting fire in a crowded theater." People hear that line all of the time, and I understand the confusion, but it's not the law and hasn't been for many decades. That line comes from the 1919 United States Supreme Court case of Schenck v. United States, which is honestly one of the worst First Amendment cases ever decided. Schenck involved one of the most loathsome laws in US history—the Sedition Act of 1918—which made it a crime to use "disloyal, profane, scurrilous, or abusive language" about the United States government, its flag, or its armed forces. The act was passed to basically shut up people who opposed WWI. Schenck was tried and convicted under the Sedition Act of the heinous crime of distributing anti-draft flyers to draft-age men urging them to not submit to being drafted, and the Supreme Court shamefully upheld the conviction and sentence. In doing so, Justice Oliver Wendell Holmes Jr., wrote, "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. ... The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree."
Schenck isn't good law for multiple reasons. First, Holmes himself would later repudiate the case, and he later became one of the Court's first real defenders of free speech. The author of that line disavowed it. Second, Schenck was one of the first modern cases on the First Amendment and preceded the bulk of caselaw on the subject, which really hit in the 1960s and 1970s. Schenck absolutely would have a different outcome now, and there is no chance that the Sedition Act would ever be upheld today. To the contrary, Mr. Schenck's actions today would be seen as 100% constitutional. Third, Schenck and its "clear and present danger" test was superseded more than 50 years ago by Brandenburg, which sets forth the modern rule for speech claimed to represent incitement or inflammatory speech. Anyone who brings up the "fire in a crowded theater" line doesn't know what they're talking about.
This, of course, doesn't matter to impeachment, because the Senate can vote however it wants.
Incidentally, talk about incitement or inflammatory speech often brings up the hoary old line about "shouting fire in a crowded theater." People hear that line all of the time, and I understand the confusion, but it's not the law and hasn't been for many decades. That line comes from the 1919 United States Supreme Court case of Schenck v. United States, which is honestly one of the worst First Amendment cases ever decided. Schenck involved one of the most loathsome laws in US history—the Sedition Act of 1918—which made it a crime to use "disloyal, profane, scurrilous, or abusive language" about the United States government, its flag, or its armed forces. The act was passed to basically shut up people who opposed WWI. Schenck was tried and convicted under the Sedition Act of the heinous crime of distributing anti-draft flyers to draft-age men urging them to not submit to being drafted, and the Supreme Court shamefully upheld the conviction and sentence. In doing so, Justice Oliver Wendell Holmes Jr., wrote, "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. ... The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree."
Schenck isn't good law for multiple reasons. First, Holmes himself would later repudiate the case, and he later became one of the Court's first real defenders of free speech. The author of that line disavowed it. Second, Schenck was one of the first modern cases on the First Amendment and preceded the bulk of caselaw on the subject, which really hit in the 1960s and 1970s. Schenck absolutely would have a different outcome now, and there is no chance that the Sedition Act would ever be upheld today. To the contrary, Mr. Schenck's actions today would be seen as 100% constitutional. Third, Schenck and its "clear and present danger" test was superseded more than 50 years ago by Brandenburg, which sets forth the modern rule for speech claimed to represent incitement or inflammatory speech. Anyone who brings up the "fire in a crowded theater" line doesn't know what they're talking about.
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Politics And Current Events
I always enjoy hearing an actual lawyer discuss law. It makes me feel dumb but it's still interesting.
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Politics And Current Events
Absolutely. I always like reading Shyster’s lawyerly stuffI always enjoy hearing an actual lawyer discuss law. It makes me feel dumb but it's still interesting.
Edit: and tif (not sure he’s lawyer but either way, it’s interesting)
Politics And Current Events
Is it though
Politics And Current Events
And dodintAbsolutely. I always like reading Shyster’s lawyerly stuffI always enjoy hearing an actual lawyer discuss law. It makes me feel dumb but it's still interesting.
Edit: and tif (not sure he’s lawyer but either way, it’s interesting)
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and MIMH
oh thanks guys you shouldn’t have
oh thanks guys you shouldn’t have
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Shut up, weenie. You can’t even tell time.
Politics And Current Events
So he's qualified to be a trump appointed judge?Shut up, weenie. You can’t even tell time.
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Politics And Current Events
Buncha Uncle Jack Kellys on 5AF I see
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a wizard is never late. He arrives precisely when he means toShut up, weenie. You can’t even tell time.
Politics And Current Events
No one's questioning that you meant to arrive at the time you did.
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I wonder what the correlation is between being right-wing in a progressive industry and getting accused of sexual assault.
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@Morkle
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I think he was pointing out how absurd it is that a major newspaper (the Atlanta Journal Constitution) is encouraging people to wear pearls for Kamala and send in their photos.I don't get most of freddy's political posts...
Politics And Current Events
Read this article. Who the **** wants unity with these animals. They should be in prison for the rest of their lives.
Politics And Current Events
They’ve arrested a dude who attended BLM rallies as well now (despite his website not being able to spell George correctly and being suspected as a plant at Seattle BLM rallies).
But there you go, out of ~100 arrests we’ve charged a non-Trumper so it’s obvious proof the whole thing was a setup.
But there you go, out of ~100 arrests we’ve charged a non-Trumper so it’s obvious proof the whole thing was a setup.
Politics And Current Events
Fascinating read
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You always find good stuff like this...Fascinating read
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Politics And Current Events
Ohhhh. I still don’t get it.I think he was pointing out how absurd it is that a major newspaper (the Atlanta Journal Constitution) is encouraging people to wear pearls for Kamala and send in their photos.I don't get most of freddy's political posts...
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Politics And Current Events
Ohhhh. I still don’t get it.I think he was pointing out how absurd it is that a major newspaper (the Atlanta Journal Constitution) is encouraging people to wear pearls for Kamala and send in their photos.I don't get most of freddy's political posts...
Never a good look (imo) when major media outlets fangurl over politicians.
Politics And Current Events
https://www.washingtonpost.com/outlook/ ... ck-pearls/Ohhhh. I still don’t get it.I think he was pointing out how absurd it is that a major newspaper (the Atlanta Journal Constitution) is encouraging people to wear pearls for Kamala and send in their photos.I don't get most of freddy's political posts...
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Saw it trending on Twitter this morning, with everyone jumping in on the 'see, it was antifa!' train.They’ve arrested a dude who attended BLM rallies as well now (despite his website not being able to spell George correctly and being suspected as a plant at Seattle BLM rallies).
But there you go, out of ~100 arrests we’ve charged a non-Trumper so it’s obvious proof the whole thing was a setup.
Politics And Current Events
According to Don Lemon I'm a Neo-Nazi Racist.
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Politics And Current Events
And this dude's brother is apparently in the proud boys, who was communicating with Rudy. Not sure what to think.Saw it trending on Twitter this morning, with everyone jumping in on the 'see, it was antifa!' train.They’ve arrested a dude who attended BLM rallies as well now (despite his website not being able to spell George correctly and being suspected as a plant at Seattle BLM rallies).
But there you go, out of ~100 arrests we’ve charged a non-Trumper so it’s obvious proof the whole thing was a setup.
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