Posted: February 22nd, 2022
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Discussion Prompt:
INCITEMENT OR FREE SPEECH?
Question to be addressed:
Did Madonna’s speech to the protestors constitute incitement or was it speech protected by the First Amendment?
Steps tp Follow: [Be sure to read all the steps completely and carefully]
1. Study the textbook section 2.9 in Chapter 2.: Incitement and the Brandenburg 2-Part Test (see below)
2. Read the Federal Law -18 US Code section 2102 (see below)
3. Watch the video of Trump’s speech.
3. Initial Post: Your intial response should answer the question and state the reasoning for your answer based on the Federal Law and the Bradenburg Test. Your response should be 300 words.
Brandenburg 2-Part Test: The speech is directed/intended at inciting imminent lawless action AND It is likely to cause such action
18 U.S. Code 2102: As used in this chapter, the term means a public disturbance involving
(a) an act or acts of violence by one or more persons part of an assemblage of three or more persons, which act or acts shall constitute a clear and present danger of, or shall result in, damage or injury to the property of any other person or to the person of any other individual or (2) a threat or threats of the commission of an act or acts of violence by one or more persons part of an assemblage of three or more persons having, individually or collectively, the ability of immediate execution of such threat or threats, where the performance of the threatened act or acts of violence would constitute a clear and present danger of, or would result in, damage or injury to the property of any other person or to the person of any other individual.
(b)
As used in this chapter, the term to incite a , or to organize, promote, encourage, participate in, or carry on a , includes, but is not limited to, urging or instigating other persons to , but shall not be deemed to mean the mere oral or written (1) advocacy of ideas or (2) expression of belief, not involving advocacy of any act or acts of violence or assertion of the rightness of, or the right to commit, any such act or acts.
Madonna’s Fiery Speech At The Women’s March On Washington
Duration: 5:10
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