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1st Amendment

Mr. PerfectMr. Perfect Member, Moderator Posts: 66,404 ******

You will often hear someone still spouting something like the following:

It's wrong, and primarily because the standard of incitement changed in 1969. A lot of people aren't aware of the decision in Brandenburg vs. Ohio. The "clear and present danger" standard was restricted to the Brandenburg test in 1969. Incitement has to be likely and intended to cause imminent, lawless action. If any one of those elements is missing, the speech is not incitement.


The false shouting of "fire" does not meet that test, necessarily. More must be shown.

Some will die in hot pursuit
And fiery auto crashes
Some will die in hot pursuit
While sifting through my ashes
Some will fall in love with life
And drink it from a fountain
That is pouring like an avalanche
Coming down the mountain

Comments

  • serfserf Member Posts: 9,217 ✭✭✭✭

    Just replace "Word" and replace it with firearm or a tool and bingo your 2nd amendment just got abridged. Not to far of a stretch for the supreme court to agree to. What do they say? Without the 2nd amendment there would be no first.

    serf

  • Mr. PerfectMr. Perfect Member, Moderator Posts: 66,404 ******

    Sorry Serf that makes exactly zero sense.

    Some will die in hot pursuit
    And fiery auto crashes
    Some will die in hot pursuit
    While sifting through my ashes
    Some will fall in love with life
    And drink it from a fountain
    That is pouring like an avalanche
    Coming down the mountain
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