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Reply #18: there is no crime against "advocating for hostility" [View All]

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paulsby Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-29-10 03:16 PM
Response to Reply #15
18. there is no crime against "advocating for hostility"
Edited on Thu Apr-29-10 03:20 PM by paulsby
please read the case law. brandenburg would be a nice start

note taht under brandenburg even IF praying was "advocating for hostility", it would not be a true threat.

in fact, brandenburg said MERE ADVOCACY of violence is NOT criminal

hth

case law. it's what's for dinner

"Whitney has been thoroughly discredited by later decisions. See Dennis v. United States, 341 U.S. 494, at 507 (1951). These later decisions have fashioned the principle that 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 is directed to inciting or producing imminent lawless action and is likely to incite or produce such action."

directed to inciting imminent lawless action and is likely to ...
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