Professional Documents
Culture Documents
Incitement prosecutions are really rare because its hard to satisfy all of
the Brandenburg requirements
In the U.S., you can engage people to take lawless action and intend for
them to take lawless action so long as it is not imminent
Vagueness doesnt protect you if the Brandenburg elements are met.
There are no magic words in the 1A and no magic words in the incitement
context. Even a vague statement (You know what to do) could constitute
incitement if said to an armed, angry mob immediately after a speaker
said that a particular person nearby should be killed
Our 1A: Congress shall make no law abridging the freedom of speech. You
can interpret no law to mean no law whatsoever, but that puts a lot of
pressure on abridgement and free speech
o What constitutes an abridgement?