[lbo-talk] Arizona congresswoman assassinated

[c b]

James Leveque :
Are there even penalties for incitement? I remember Bill O'Reilly
calling for George Till's murder or something and when the doctor was
indeed killed, O'Reilly kept his job. It's not, apparently, incitement
if you're a high profile official - then your target maps are folksy -
kooky, even. They riff on the rugged individualism of the American
spirit, the frontiersmanship. But are not, at all, incitement. No
possible way. Can't be.

^^^^^^^
CB: The legal standard for whether speech is not protected by the
First Amendment is so-called "incitement to imminent lawless action"

http://en.wikipedia.org/wiki/Brandenburg_v._Ohio

Brandenburg v. Ohio, 395 U.S. 444 (1969), was a United States Supreme
Court case based on the First Amendment to the U.S. Constitution. It
held that government cannot punish inflammatory speech unless it is
directed to inciting and likely to incite imminent lawless action. In
particular, it overruled Ohio's criminal syndicalism statute, because
that statute broadly prohibited the mere advocacy of violence.