[lbo-talk] Free Speech (was: Memorial Day)

[BklynMagus]

> As J Tyler noted the reach of these laws is still 
nominally limited by Brandenburg v. Ohio (US 1968), 
>which allows proscription only of advocacy of illegal 
activity that rises to the level of incitement to 
crimes that are immanent.

Okay, now I have a question.  What makes a crime 
immanent?  If some homophobe stirs up some guys to go 
beat up a queer and it takes 24 hours to find a queer, 
is that considered imanent?


> the test was, that the court must ask whether the 
gravity of the evil, discounted by its improbability, 
justifies such invasion of free speech as necessary to 
avoid the danger.

Would that cover my example above?

Brian