Post #26247 by albaby1 on the US Policy board

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Probably more a question for albaby, but if speech results in threats/acts of violence, is it still protected? I'm sure at least some it. But where is the line?

The line, according to the SCOTUS decision in Brandenburg v. Ohio, is that speech is protected under the First Amendment and cannot be criminalized unless it is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action".

So with respect to speech that "results in" threats or acts of violence, mere causation is not enough. The speech has to have been "directed to" producing those threats or acts of violence, and the speech has to have been "likely to" cause those threats or acts of violence.

This is a high bar. It is exceptionally unlikely that anything JD Vance has been saying would meet it.

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