Quote:
Originally Posted by Splum
Back up your "claims".
I think you are confusing the American constitution with the Costa Rican constitution.
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No. I'm thinking of the standing US Supreme court decision 1969 Brandenburg v. Ohio. I can't be expected to teach you all the details, but you can go ahead and google it.
Basically, in overturning a decission against a KKK leader for merely promoting hatred but not trying to invite imminent violence., The Brandenburg test was born.
"The Brandenburg test - Merely teaching or advocating unpopular ideas must be distinguished from teaching or advocating the duty, necessity, or propriety of acting on those beliefs. The right to speak and organize cannot be abridged no matter if the group's message and purpose are repugnant to American values (such as KKK speech). In order for government to intervene, the speaker must subjectively intend incitement (imminent evil), use words which are likely to produce action (imminent action), and openly encourage or urge incitement (suggesting, for example, it's a duty to commit a crime). "
In a nutshell, it means you may stand on a podium and declare "all black men must be killed." but you may not incite a group of white men, holding guns and prepared to do violence in to an immediate act of violence. Doing so would not be protected under the First Amendment.