Justice Scalia Tells Law Students ‘Perhaps You Should Revolt’ If Taxes Become Too High

[onenote]

81. The original question intimated that protesters weren't jailed for their speech.

I was in DC during the MayDay demonstrations. And protesters weren't charged with sedition, treason, or advocating the overthrow of the US (even though the express purpose of the demonstrations was to shut down the government). They were charged with disorderly conduct, unlawful assembly, obstructing federal employees, resisting arrest and other conduct-related, not speech-related offenses. And in truth, thousands were arrested simply for standing around. They didn't have to have uttered a single word. Virtually all of those charges were dismissed and a large number of people who were arrested brought civil litigation for infringement of their constitutional rights and the case was settled with payments to those plaintiffs.

But they weren't charged with a crime based on what they were saying; they were charged based on what they were doing (or not doing as it turned out).