Wednesday, August 10, 2016

Can He Say That?

The Twittersphere has been awash in calls for prosecuting Trump for his suggestion that a "Second Amendment remedy" might be the answer to a Hillary win in November. It appears that the incitement to violence test of the First Amendment includes a condition of imminence (not clearly defined, but certainly does not include months, or perhaps even days) and also of likelihood (which seems to me needs its own definition, possibly by virtue of a lawsuit questioning that).

He can say that.   Now, if he suggests something similar on election day and somebody shoots Clinton, there might be something to hang a legal case on, but even then, he might have to be speaking to a crowd of armed people with Hillary in shooter range when he says it to meet the imminent and likely test.  I think it would be a hard one to prosecute otherwise. Of course, I'm not a lawyer.

...but hey, do what you want...you will anyway.

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