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

BklynMagus magcomm at ix.netcom.com
Wed May 30 07:03:12 PDT 2007

> 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?


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