Incitement is Not Protect Speech

Incitement is not protected speech under the First Amendment, as established by the Supreme Court. While some argue that those who breached the Capitol are solely responsible and Trump was merely exercising free speech, exceptions such as incitement exist. At the rally, multiple speakers—including Trump—used rhetoric urging the crowd to "fight" for their rights. By encouraging the crowd and endorsing their actions, Trump crossed into incitement, for which he should be held accountable.

https://www.law.cornell.edu/wex/fighting_words

https://www.law.cornell.edu/wex/advocacy_of_illegal_action

 

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