Gå offline med appen Player FM !
Incitement of Insurrection
Manage episode 282049451 series 2583365
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
-1974 memo on presidential or legislative pardon of the president
Learn more about your ad choices. Visit megaphone.fm/adchoices
428 episoder
Manage episode 282049451 series 2583365
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
-1974 memo on presidential or legislative pardon of the president
Learn more about your ad choices. Visit megaphone.fm/adchoices
428 episoder
Alla avsnitt
×Välkommen till Player FM
Player FM scannar webben för högkvalitativa podcasts för dig att njuta av nu direkt. Den är den bästa podcast-appen och den fungerar med Android, Iphone och webben. Bli medlem för att synka prenumerationer mellan enheter.