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I have yet to see anything out there that comes close to incitement under Brandenburg, except for maybe the texts & chats directly with the assassin. And those aren’t at issue.
But I have seen a sitting Senator, long a 1A and free speech champion, express doubt about it.
“Under normal times, in normal circumstances, I tend to think that the First Amendment should always be sort of the ultimate right. And that there should be almost no checks and balances on it. I don’t feel that way anymore,” Lummis added.
I agree that all is not lost, as many on the right are still willing to hold people to account on this, but for the first time in years, I’ve had to had discussions about 1A with my normie IRL friends (they’re mostly with me on the right) when they start trying to justify more invasive responses, “because the left did it to us.”
Incitement is in the statute Bondi referenced when clarifying her inept "hate speech" interview.
Calling people terrorists and other such labels of threat give license to violent "self-defense" where no violence actually existed may end up being tested and probably should be.
The FCC/NBC/ABC framing being about free-speech is gaslighting non-sense, can't believe you'd link to Semafor.
A loss of license for the networks wouldn't be on speech grounds, the narrative has already been seeded about racketeering and election interference given the "free" campaign contributions the left gets by these licensed entities circumventing other established criteria for said license like equal time.
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Most critiques of Trump are terrible. CNN and their ilk are terrible. CNN and the like literally want democrats and they are completely lost on this stuff. They literally just oppose stuff that Trump does because he does it. They are all over the place. I think you may be reading too much into my comments.
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Its just wild how inept many in Trump's admin actually are. I mean, Biden's admin was also like this but it as a different type of the same thing. It really is a reflection of how ignorant the nation is on rights and speech. We have allowed Marxist theories about rights and speech to infect the minds of the population. The historic views of these things are not taught in schools. They haven't been for at least 40 years, probably longer.
The right wing lives on the surface far too much and they lose because they ignore the dumb arguments from the left. They are dumb... but they have to be rhetorically destroyed.
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17 sats \ 1 reply \ @Arceris 15h
I linked to that site because it was the first that I found with that quote from Lummis. There are others. But the rest of that article is crap.
Regarding the Bondi situation, she did cite one statute, then proceeded to totally misconstrue it. But whatever, I'm willing to agree that that's a one off and related to being improperly prepared for that stand up. She has walked it back. But in other contexts she has supported red flag laws & other significant 2A restrictions, so my sense is that her gut instinct was her real feelings, and the walking it back is contrived.
The above link, btw, is to FIRE, where I was a 1A and 4A civil liberties attorney for a time (about 10 years ago now).
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Much better article, and Bondi doesn't have a lot of fans already within MAGA, given the lack of arrests... Wouldn't surprise me if she's been set up to fail so they can bring Gaetz back in to the conversation.
I don't think you'll need to come out of retirement anytime soon. That article makes me even more confident that "stochastic terrorism" type stuff will be tested, but not as confident that they'll use every avenue to go for the head of the snake funding the psyops making regular people talk like that.
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