Quote:Thanks for the corrections and info. However, this was merely one specific case (for which I never directly cited myself) and the overturning of it does not invalidate criminalization of what is coloquially called "FALSELY shouting fire in a crowded theatre" AKA, incitement to do violence, in the US.
Not quite.
The original case (Schenk) had to do with pamphlets urging draft resistance during WWI. It was mere advocacy of an idea which was being upheld in Schenk. The later ruling in Brandenburg held that in order for the government to regulate speech ( as Chas hinted at above) you must be in the act of fomenting a riot... ( LET'S GET 'EM, BOYS!!!) In Brandenburg, the SC ruled that
Quote:The U.S. Supreme Court reversed Brandenburg's conviction, holding that government cannot constitutionally punish abstract advocacy of force or law violation.
so, it requires much more than mere "advocacy." You have to be getting ready to unleash the mob.
As an example, the laws against child pornography and sexual abuse are very stringent in the US...everywhere except in the Archbishop's house. Merely possessing a photo can result in jail. However, outfits like NAMBLA (National Man-Boy Love Association) are free to advocate for sex between adults and minors....as long as they don't do it.
