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Gman

(24,780 posts)
2. I'm aware of Brsndenburg and
Sat May 9, 2015, 12:54 AM
May 2015

The key quote is

In 1969, the Supreme Court's decision in Brandenburg v. Ohio effectively overturned Schenck and any authority the case still carried. There, the Court held that inflammatory speech--and even speech advocating violence by members of the Ku Klux Klan--is protected under the First Amendment, unless the speech "is directed to inciting or producing imminent lawless action and is likely to incite or produce such action" (emphasis mine).[\blockquote]

I really think Geller's show was directed to inciting or producing imminent lawless action and is likely to incite or produce such action.

So how do you prove intent? I think it could be done.

I don't think saying "Bush and Cheney are war criminals" rises to that level. Insulting someone's deity when it is known to cause violence, I think, is.
Good read... Agschmid May 2015 #1
I'm aware of Brsndenburg and Gman May 2015 #2
So to be clear, you think "insulting someone's deity" should be illegal. Warren DeMontague May 2015 #17
Indeed. When in all history did that work out?? Yo_Mama May 2015 #97
Obviously everything in the OP sailed clean over your head Gman May 2015 #103
No, it didn't. These were your words, you wrote em: Warren DeMontague May 2015 #106
Insulting the deity doesn't cause the violence. Warren DeMontague May 2015 #27
Point, set and match. hifiguy May 2015 #112
Free clue: IMMINENT. You don gots it. n/t X_Digger May 2015 #87
That is a complete misinterpretation. Yo_Mama May 2015 #98
All hate speech should be illegal? beam me up scottie May 2015 #3
No Gman May 2015 #4
I did. beam me up scottie May 2015 #5
Re: Free speech does not allow you to "shout fire in a crowded theater" 951-Riverside May 2015 #6
you CAN should fire in a crowed theater Skittles May 2015 #59
Actually, you can falsely shout fire in a theatre. NutmegYankee May 2015 #82
I'm glad someone gets it. Gman May 2015 #104
... GGJohn May 2015 #7
"hate speech should not be illegal, it should be countered with more speech." beam me up scottie May 2015 #12
Exactly. GGJohn May 2015 #13
Depends on who makes the laws beam me up scottie May 2015 #15
The "who" is fundamental as to "what" constitutes "hate speech." Behind the Aegis May 2015 #20
If Geller's anti-muslim tirades were to become illegal... beam me up scottie May 2015 #25
Indiana and Arkansas! Behind the Aegis May 2015 #32
Why didn't this thread about hate speech/inciting violence get rec'd? beam me up scottie May 2015 #35
Ha! That was in my reserve to read! Behind the Aegis May 2015 #36
Well maybe y'all need to shoot at some people to get attention. beam me up scottie May 2015 #38
We gays do have the Pink Pistols and more than few Jews pack heat. Behind the Aegis May 2015 #39
Oh you said it. beam me up scottie May 2015 #42
Rick Warren called us pedophiles days before he was the Inaugural Minister and DU supported that. Bluenorthwest May 2015 #72
Didn't Eric Rudolph bomb a lesbian bar for Jesus, or something? Warren DeMontague May 2015 #28
I missed that event by a week and a half! Behind the Aegis May 2015 #33
"I fucking hate it when people want to criminalize speech because they don't like what's being said" Warren DeMontague May 2015 #18
I hate it too. Behind the Aegis May 2015 #19
People keep comparing Pam Geller to Fred Phelps. Okay, so then handle her the way Fred Phelps was Warren DeMontague May 2015 #23
Yup...here's how we responded in a number of cases... Behind the Aegis May 2015 #31
Where's the one you posted the other day... beam me up scottie May 2015 #37
This one? Behind the Aegis May 2015 #41
YES!!! LMAO! beam me up scottie May 2015 #44
Yeah, that's a classic. Warren DeMontague May 2015 #53
Love that! Bobbie Jo May 2015 #88
I am starting to think people who think like you are dangerous. CBGLuthier May 2015 #8
...^ that 840high May 2015 #9
It's people like you who are a greater threat to our GGJohn May 2015 #10
“I shall never fight in the armed forces with a Negro by my side..." cherokeeprogressive May 2015 #11
Mocking religion is NOT hate speech. Yorktown May 2015 #14
'Says the religion hater.. whathehell May 2015 #22
Again, the confusion between religion and people Yorktown May 2015 #29
Not confused in the least whathehell May 2015 #45
And Hitler and Stalin killed in the name of Nazism and Communism, not Atheism. Yorktown May 2015 #47
My only point was that religion is not the ONLY ideology that lends itself to violent extremism whathehell May 2015 #77
Agreed. Religion is ONE of the ideologies that create violence. Yorktown May 2015 #105
And neither religion OR ideology always creates violence -- Greed, anger and hate come in whathehell May 2015 #107
True. But you admitted religion in itself IS a cause of violence Yorktown May 2015 #113
No, that would be like saying that ideology "is in itself a cause of violence" whathehell May 2015 #116
Oh yes, ideologies have proven they can be cause for violence Yorktown May 2015 #117
They "can be" is not the same as they "are" whathehell May 2015 #119
As things stand now, Islam is different regarding literalism. Yorktown May 2015 #120
Hitler was a catholic. beam me up scottie May 2015 #50
LOL whathehell May 2015 #76
Mocking religion isn't hate speech, mocking the transgender is. Humanist_Activist May 2015 #56
I want to know why wasn't this post hidden too?: beam me up scottie May 2015 #63
Because the jury system is broken and the administration don't care. Humanist_Activist May 2015 #64
Tis true. beam me up scottie May 2015 #65
Thanks for posting that LostOne4Ever May 2015 #66
That is hugely bigoted and that poster should not even be on DU. Bluenorthwest May 2015 #73
Sez you.. whathehell May 2015 #75
Every religion I have studied says that 'change' or redemption requires acts of penance and making Bluenorthwest May 2015 #81
So you are claiming that you changed? That you are no longer a transphobe? Humanist_Activist May 2015 #91
First of all, do not assume you have the right to define me.. whathehell May 2015 #96
This message was self-deleted by its author Freelancer May 2015 #61
It seems to be that how people view hate speech goldent May 2015 #16
So next time an Atheist says something offensive to a Christian.... davidn3600 May 2015 #21
If the Christian decides to get so mad over it, they become violent.. apparently, yes. Warren DeMontague May 2015 #26
....I'm starting to think DU could really use a 1st Amendment group. Warren DeMontague May 2015 #24
Post removed Post removed May 2015 #30
Very well written. Yorktown May 2015 #34
Wow, you and your Muslim phobia! How do you sleep whilst Muslims akbacchus_BC May 2015 #43
Message auto-removed Name removed May 2015 #51
BS Skittles May 2015 #60
Hate speech is always a crime! akbacchus_BC May 2015 #40
Not in the US. Behind the Aegis May 2015 #46
Why you say that? akbacchus_BC May 2015 #49
In the US, hate speech is not a crime. Behind the Aegis May 2015 #52
No, it isnt. Warren DeMontague May 2015 #54
Wait. Wut? GGJohn May 2015 #78
Sez who? n/t X_Digger May 2015 #89
No, it isn't, and what Geller did wasn't hate speech. Yo_Mama May 2015 #99
Who needs butter? I've got plenty! Initech May 2015 #48
Hey, aren't you the guy who teaches kids in CCD(Catholic Sunday School) that LGBT people are... Humanist_Activist May 2015 #55
If gay people were to start shooting people in reaction to it, THEN the speech would be criminal. Warren DeMontague May 2015 #57
I just find it fucking funny that we have openly homophobic and transphobic people... Humanist_Activist May 2015 #58
Is it a crime when we do it here against Republican thieves and psychos? True Blue Door May 2015 #62
This message was self-deleted by its author Freelancer May 2015 #67
Can I rec this post? beam me up scottie May 2015 #68
This message was self-deleted by its author Freelancer May 2015 #84
Welcome to DU. GGJohn May 2015 #85
Free speech does allow you to shout "Fire" in a crowded theatre. People always get that quote wrong. Donald Ian Rankin May 2015 #69
Schenk: urging people to resist the draft. Dreadful decision, not applicable. Warren Stupidity May 2015 #70
Here is where you get it wrong Lee-Lee May 2015 #71
In the US each year the FBI calls an average of about 1,200 crimes against LGBT as bias crimes Bluenorthwest May 2015 #80
Given the author of the OP, they would probably blame the organizers of the LGBT events. n/t Humanist_Activist May 2015 #92
You keep refusing to address direct questions and challenges to your vile concept so let's just cut Bluenorthwest May 2015 #74
The problem is . . . gollygee May 2015 #79
is it a crime to yell "fire" in a crowded theater if the theater is on fire? DeadEyeDyck May 2015 #83
The actual decision concurred with criminalization of advocating draft resistance. Warren Stupidity May 2015 #90
Certainly not. As to whether the theatre whathehell May 2015 #108
Wow, you scare me more than the NSA. Jesus, get a clue. nt Logical May 2015 #86
"Is there value to the democratic process in Geller's speech?" That shouldn't matter. Throd May 2015 #93
Once again, a call for limiting free speech on DU SickOfTheOnePct May 2015 #94
Hate speech is free speech unfortunately. Koch Ebola May 2015 #95
"Hate speech is free speech unfortunately." GGJohn May 2015 #100
Getting to a mass audience is a problem. Koch Ebola May 2015 #109
... GGJohn May 2015 #111
Yeah, however... Koch Ebola May 2015 #118
I thought incitement to violence was a crime, but Jamastiene May 2015 #101
It was Geller's right, but what she did WASN'T morally right. Jamaal510 May 2015 #102
Striking that your cases are all from before the 1960s and modern First Amendment jurisprudence. Unvanguard May 2015 #110
Take it up with the Supreme Court. NaturalHigh May 2015 #114
Are theatre fires that much of an issue year days? madville May 2015 #115
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