Is Trump Committing a Felony Offense?

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13. See if it passes the Brandenburg test.

Now any law squelching speech has to pass the Brandenburg test - it has to have intent to produce lawless action (notoriously hard to prove, though given Trump's tweeting, it may actually be possible), be able to produce imminent lawless action (given the nature of stochastic terrorism, a statistician may help with this) , and it has to be likely to produce lawless action (again, consult the statistician, and show some video of Trump's Nuremberg rallies).

Difficult, but given Trump's arrogance and stupidity, not impossible.