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melm00se

(5,161 posts)

30. This case cuts both ways and Brandenburg decision

Sun May 15, 2022, 10:23 AM

May 2022

was decided by the 1969 Court which was many things but right wing.

Furthermore, this was an 8-0 decision (Justice Fortas had resigned but not yet replaced). This makes overturning or modifying this ruling a monumental task.

Additionally, this ruling cuts both ways. Look at the two cases I referenced in my original (Hess v. Indiana and NAACP v. Claiborne Hardware Co), they were both cases that would have been celebrated upon the decision if DU existed in 1973 and 1982 respectively.

Can you imagine if those cases went the other way?

(to help you out: Hess stemmed from a anti-war protest and NAACP v. Claiborne Hardware Co from a boycott of white merchants in MS at during the Civil Rights movement and the merchants suing for economic restitution for that boycott).

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Is the pattern clear enough to start suing the right-wing nuts for inciting violence on [View all] Baitball Blogger May 2022 OP

Some Jan 6 defendants blamed Trump for inciting them. keithbvadu2 May 2022 #1

This is a cause and effect that we can no longer ignore. Baitball Blogger May 2022 #2

I am sure some people here will tell you drray23 May 2022 #3

He directly quoted frucker carlson in his "manifesto." PortTack May 2022 #4

Do you have that excerpt? herding cats May 2022 #5

Link? onenote May 2022 #16

One would think so. herding cats May 2022 #6

If you can't yell FIRE in a crowded theater ... Novara May 2022 #7

The FCC has zero authority over cable, satellite and the internet, MarineCombatEngineer May 2022 #8

I'm saying the law needs to be changed Novara May 2022 #9

Not going to happen MarineCombatEngineer May 2022 #10

"Oh gosh, they might go after us" Novara May 2022 #17

Other than trashing the 1A, MarineCombatEngineer May 2022 #19

I'm not sure you know as much about the First Amendment as you think you do onenote May 2022 #12

+100. nt MarineCombatEngineer May 2022 #13

You CAN shout "fire" in a crowded theater... brooklynite May 2022 #11

We are talking about extending the definition of laws we already have on the books. Baitball Blogger May 2022 #18

So songwriters whose lyrics are cited as motivation for a criminal act should be prosecuted? onenote May 2022 #25

Let's start with public figures who are directly talking to the people. Baitball Blogger May 2022 #28

Songwriters and performers are public figures who directly talk to the people onenote May 2022 #29

Inciting people to action, and inciting people to violence and murder are Baitball Blogger May 2022 #31

Just thinking that there is evidence melm00se May 2022 #14

+100. nt MarineCombatEngineer May 2022 #15

I think a pundit on t.v. or a public political figure meets this standard. Baitball Blogger May 2022 #20

What you think and what the courts think are 2 different things. nt MarineCombatEngineer May 2022 #21

If they respond it will come because something will change their perspective. Baitball Blogger May 2022 #23

Not with this RW SCOTUS, MarineCombatEngineer May 2022 #24

I'm not so sure about that. Baitball Blogger May 2022 #26

This case cuts both ways and Brandenburg decision melm00se May 2022 #30

Really enjoyed talking with you. Baitball Blogger May 2022 #32

Then what do you suggest? Novara May 2022 #22

see #23 melm00se May 2022 #34

I believe the only way.... The Grand Illuminist May 2022 #27

Well, there needs to be some way to make sure we define politically motivated Baitball Blogger May 2022 #33

#TuckerTerrorist #TuckersFault and #TuckerCarlsonHasBloodOnHisHands all popped up last night sarcasmo May 2022 #35

"Liberals beware": Don Jr. and GOP candidate Eric Greitens threaten Democrats while shooting guns Hotler May 2022 #36

Oh, I know. I stopped attending college reunions in my college which is conservative. Baitball Blogger May 2022 #38

I found out someone I went to high school with may have been involved in Jan. 6th. Initech May 2022 #39

"Too soon for any of this" durablend May 2022 #37

Probably economic anxiety dalton99a May 2022 #40