Incitement of Insurrection

In a break from our current news cycle, Advisory Opinions tackles “the more mundane issue of teenage girls complaining” in a discussion about Mahanoy Area School District v. B.L, one of the Supreme Court’s latest cert grants addressing the issue of off-campus student speech. Not to worry, our hosts also dig into the more pressing issues of the day. In an examination of the term “incitement,” David and Sarah ask: Were the president or other individuals guilty—in a criminal sense—of provoking tangible violence at the Capitol last week? Do their words and actions meet the Brandenburg test, which criminalizes inflammatory speech that is both “directed to inciting or producing imminent lawless action,” and “likely to incite or produce such action”?

Show Notes:

Mahanoy Area School District v. B.L

Thomas More Law Center v. Becerra

David’s French Press newsletter on Mahanoy Area School District v. B.L

Amendment 14: Section Three

1974 memo on presidential or legislative pardon of the president

See for privacy information.

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