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View Diary: Glenn Beck's exterminationist talk (352 comments)

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  •  You saw an explicit exhortation to violence (2+ / 0-)
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    Nowhere Man, Pris from LA

    to a group willing to do it?

    Brandenburg was a KKK leader who was going on and on about "revengeance" against blacks, Jews and the government.  He was talking to an armed crowd of KKK members.  He was trying to organize a march on Washington.  That is what Brandenburg v. Ohio said was Constitutionally protected speech.

    Justice deferred is justice denied. -MLK

    by zephron on Thu Apr 22, 2010 at 01:19:21 PM PDT

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    •  Yes, I've read Brandenburg. (1+ / 0-)
      Recommended by:
      dchill

      And I'm insisting that I think what Beck is doing is much worse than that. Seriously.  He has a much larger audience and he keeps doing this for months on end.  I do think he is deliberately trying to incite lawless action and is likely to succeed.

      Impeach judicial activists Roberts and Alito!

      by Timaeus on Thu Apr 22, 2010 at 01:41:58 PM PDT

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      •  I don't think that the test involves the (1+ / 0-)
        Recommended by:
        Nowhere Man

        size of the audience.  Show me where he says, "You there, yeah you, go commit this crime!  Now!" since that is what Brandenburg requires.

        What he does do is more insidious.  He demonizes, and more importantly dehumanizes, a large fraction of the population.  This is indeed a necessary step towards ultimately inciting violence.  And it is wrong and repugnant in a civilized debate.  It debases both him and our political system.  And it's possible (in fact, it has happened) that some nut that listened to him went off on did something violent.

        That said, I just don't see where he has said something that meets the standard in Brandenburg without an overly broad reading of "inciting" or "imminent".  One that I doubt would come close to holding in court.

        Justice deferred is justice denied. -MLK

        by zephron on Thu Apr 22, 2010 at 02:40:11 PM PDT

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        •  I agree with you that at this very moment (0+ / 0-)

          the courts would probably agree with your position.  But as I said, I think things may change.

          Impeach judicial activists Roberts and Alito!

          by Timaeus on Thu Apr 22, 2010 at 04:08:54 PM PDT

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