When Facts Don’t Matter: Left Charges Ahead with Trump Insurrection Claims

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In this Oct. 19, 2020 photo, President Donald Trump dances to "YMCA," after speaking at a campaign rally at Prescott Regional Airport, in Prescott, Ariz. Trump, a man who is famously particular about his appearance, is fully embracing doing a dad dance to the Village People's “YMCA” as the finale to his rallies in the campaign's closing stretch. (AP Photo/Alex Brandon)

From The Federalist

The Democrats and their media allies are trying to convince the American people that President Donald Trump is guilty of inciting an insurrection last week. In both legal terms and in terms of the plain meaning of the English language, their claim is absurd on its face. There are two fundamental reasons for this: Trump did not incite the riots at the Capitol, and the riots were not an insurrection.

The Standard for Incitement

Legally speaking, incitement has an incredibly high bar that none of Trump’s actions since the election come close to meeting. These standards were set by the Supreme Court in its landmark Brandenburg v. Ohio case. Among other things, the decision held that in order to constitute incitement to violence, speech must include intent and specific, not abstract, instructions to act. It also required that the speech in question would likely produce “imminent lawless action,” which went a step further than the previous legal tests for incitement. According to the ruling:

[T]he constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.

Full Article at The Federalist




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