Oh, and since what I'm about to say is directly relevant to this exact minute in history, I know what the talking point by default response to my own post will be.
Does any given act of hazardous and "hateful" speech violate the imminent lawless action standard? No? Then it's fucking free speech, period. Let's just give a quick overview of SCOTUS jurisprudence on "dangerous" speech real fast.
Schenck v. US (1919). Anti-draft protest against US involvement in WWI. Clear and present danger status, Schenck's arrest upheld.
Whitney v. California (1927). Right to form and join a Communist party in the US. Clear and present danger upheld, state action upheld.
Brandenburg v. Ohio (1969). Anti-draft protest against US involvement in Vietnam. Imminent lawless action standard, state action overturned.
Hess v. Indiana (1973). Anti-war protest against Vietnam. Imminent lawless action standard, Hess' conviction overturned.
If you'll excuse me, I now have to go find out if we're about to get in a shooting war with Iran.
Does any given act of hazardous and "hateful" speech violate the imminent lawless action standard? No? Then it's fucking free speech, period. Let's just give a quick overview of SCOTUS jurisprudence on "dangerous" speech real fast.
Schenck v. US (1919). Anti-draft protest against US involvement in WWI. Clear and present danger status, Schenck's arrest upheld.
Whitney v. California (1927). Right to form and join a Communist party in the US. Clear and present danger upheld, state action upheld.
Brandenburg v. Ohio (1969). Anti-draft protest against US involvement in Vietnam. Imminent lawless action standard, state action overturned.
Hess v. Indiana (1973). Anti-war protest against Vietnam. Imminent lawless action standard, Hess' conviction overturned.
If you'll excuse me, I now have to go find out if we're about to get in a shooting war with Iran.