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Joined 1 year ago
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Cake day: July 11th, 2023

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  • Trump will likely get away with telling his followers to storm the capitol

    Because he didn’t. He very carefully didn’t. And 1A protections are extremely broad and extremely strong. Pretty much anything short of “You guys, go storm the capitol right now and overturn the election!” is going to be protected speech, and he didn’t say that. He carefully avoided saying that, intentionally.

    What they’ll get him on as far as the attack (if anything) will be if he was involved in planning and staging it on the back end - if for example he was coordinating with people who were directly instrumental in shifting it from a protest at the steps of the capitol to an attack on the capitol in the hours, days, or weeks beforehand. Because his speech was definitely 1A protected.



  • Yelling “Fire!” in a crowded venue is not protected under Free Speech.

    I know that’s the famous example, but you’re actually wrong. It’s only not protected if there’s no fire, the person yelling it believes there is no fire, and the person yelling it is doing so to cause a panic or imminent lawless action. Speech protections in the US are extremely broad, and most of the exact lines and contours have been defined in court, often in cases involving the ACLU, the KK, or both (specifically in the form of the ACLU defending the KKK, which is where many of the lines as regards protests were determined).