Freedom of Screech 0
Rob Miraldi takes a thoughtful at the issues surrounding efforts to hold Donald Trump responsible for coarsening dis coarse discourse. A nugget:
In theory, the answer is no. Threatening national security is not protected; publishing sexually explicit and obscene material is not protected; and lighting the flames of violence with inciteful language is also prohibited.
But the incitement exception has always been tricky, more now than ever. “Every idea is an incitement,” U.S. Supreme Court Judge Oliver Wendell Holmes said in 1925. Maybe only the person who commits violence should be prosecuted, not the person who causes it?
Follow the link for his complete article.
