Speech in support of Palestinian resistance equals incitement to violence.
Sebastian Gorka again. This time Gorka acts like he knows the Constitution and the Bill of Rights. He claims the First Amendment prohibits incitement. It does, under certain conditions. The Supreme Court ruled speech is prohibited if directed at inciting or producing imminent lawless action. Furthermore, the speech must be likely to incite or produce such action. In Brandenburg v. Ohio (1969), the Court overruled a previous ruling on “clear and present danger” and said advocacy of illegal action is not sufficient for restriction, that is unless it meets the imminent and likely criteria.
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Read Full Article: https://thewashingtonstandard.com/gorka-advocates-violating-the-first-amendment-for-israel/
