[Fwd: THE TEARS OF THE MIGHTY]

Charles Brown CharlesB at CNCL.ci.detroit.mi.us
Fri Mar 24 12:11:32 PST 2000



>>> "Dace" <edace at flinthills.com> 03/24/00 02:07PM >>>
>TD: If a racist makes a speech in which the sole objective is to persuade,
then
>this cannot be banned. Even if you're trying to persuade people to commit
a
>violent act, all you can really do is persuade them that such an act is
>correct. They have to take the next step of translating that opinion into
>action. So, you're leaving out a crucial step. Persuasion does not lead
>directly to action. That intermediate step is what separates speech from
>action and makes the actor, not the talker, culpable.
>
>_________
>
>CB: When you say cannot be banned, this is not even correct in the U.S.
Supreme Court standard on the First Amendment. If speech is incitement to imminent lawless action, it can be banned, prohibited. This is the Brandenburg standard. The speaker and the actor BOTH can be convicted of committing a crime.

Incitement is not persuasion.

_________

CB: The same words can persuade and incite to action.

CB



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