JonathanTurley

JUNE 20, 2022

Ohio , the Supreme Court ruled in 1969 that even calling for violence is protected under the First Amendment unless there is a threat of “ imminent lawless action and is likely to incite or produce such action.”. Come on my Chinese folks, white graduating is open season for y’all.”. That is legitimately concerning and chilling language.

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JonathanTurley

APRIL 2, 2022

The court is not simply saying that they are wrong in that view but, because they are wrong, legislative challenges amounted to criminal obstruction of Congress. In 2005, it was Democrats who alleged that a presidential election was stolen and challenged the certification in Congress of the votes in Ohio.

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JonathanTurley

APRIL 19, 2021

Moreover, they would fail under a lower standard of proof than the “beyond a reasonable doubt” standard in criminal law. Such a result would eviscerate the claim that Trump was guilty of criminal incitement in his speech. Trump’s Jan. 6 speech would not satisfy the test in Brandenburg v.

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JonathanTurley

FEBRUARY 15, 2021

The House managers cited a letter from law professors declaring the argument “frivolous” even though some of those professors believe Trump’s speech may indeed be protected under cases like Brandenburg versus Ohio.

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JonathanTurley

FEBRUARY 8, 2021

6 th constitutes actual incitement to insurrection. Ohio which are ultimately First Amendment cases. Understanding how such language would be viewed by the courts is relevant to weighing whether it should be treated as constitutional violation for the purposes of impeachment. The senators must weigh if Trump’s language on Jan.

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JonathanTurley

JUNE 17, 2022

Ohio , the Supreme Court ruled in 1969 that even calling for violence is protected under the First Amendment unless there is a threat of “ imminent lawless action and is likely to incite or produce such action.”. I know of no case where a speech of this kind was treated as sufficient to establish attempted murder. In Brandenburg v.

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JonathanTurley

JANUARY 12, 2021

My problem with this criminal case is not the timing of an indictment but the basis for the indictment. As I wrote earlier , the governing legal standard for violent speech is found in Brandenburg v. As a free speech advocate, I have long criticized that 1969 case and what I consider its dangerously vague standard.

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JonathanTurley

FEBRUARY 5, 2021

It also refers to a crime that would be difficult to prove in a court of law; the president’s speech likely would be found to be protected by the First Amendment, if not at trial then on appeal. The Supreme Court has routinely protected speech absent clear advocacy of violence.

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JonathanTurley

FEBRUARY 8, 2021

Ohio , where the Supreme Court said even “advocacy of the use of force or of law violation” is protected unless it is imminent. I do not fault experts for speculating about such a case — but many are claiming, again, that prosecution would be relatively easy. That simply is not true. The problem is free speech. Trump’s Jan.

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JonathanTurley

MARCH 31, 2021

.” Imagine what would happen to free speech in the United States if people could be sued for their “suggestive words and encouragement” for third parties who later violate the law. In Brandenburg v.

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JonathanTurley

JANUARY 6, 2022

Ohio , the Supreme Court ruled in 1969 that even calling for violence is protected under the First Amendment unless there is a threat of “ imminent lawless action and is likely to incite or produce such action.”. Bush’s victory over Democratic challenger John Kerry in the state of Ohio. Indeed, it was protected free speech.

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JonathanTurley

DECEMBER 20, 2022

Ohio , the Supreme Court ruled in 1969 that even calling for violence is protected under the First Amendment unless there is a threat of “ imminent lawless action and is likely to incite or produce such action.” At 4:17 p.m., Trump made his statement to stop — roughly an hour and a half later. In Brandenburg v.

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JonathanTurley

JULY 22, 2021

Ohio , the Court could not even agree on a clear reason why a porn film was not so obscene as to allow prosecution. The Miller standard has long been criticized by legal scholars, including myself, as hopelessly and dangerously vague. The Court has been mocked for its ham-handed efforts to define pornography.

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JonathanTurley

NOVEMBER 21, 2023

There are so many criminal laws that do criminalize speech, and so the notion that the president of the United States somehow has a First Amendment right to be protected by the government for his speech doesn’t make any sense. .” You can’t – you know, you can’t use hate speech.

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JonathanTurley

JANUARY 11, 2021

Such marches are common — on both federal and state capitols — to protest or to support actions occurring inside. The governing legal standard for violent speech is found in Brandenburg v. As a free speech advocate, I have long criticized that 1969 case and what I consider its dangerously vague standard.

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JonathanTurley

JULY 20, 2023

6 speech for criminal charges. That speech is entirely protected under the First Amendment and governing case law, including Brandenburg v. However, relying on bad advice or bad law is not a crime. We have never criminalized such interpretations.

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