Brandenburg v. Ohio

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Insurgents on January 6, 2021 push against police forces. One insurgent seems to have a riot shield, while the police officer does not.

Incitement to Violence Ain’t Free Speech

The First Amendment protects abstract appeals for illegal actions. But there can and should be criminal liability for speech that incites the likely and imminent risk of violence.…

Jan. 15, 2021 James Wagstaffe

The dome of the US Capitol Building against a blue sky.

Impeachment Defense, the Constitution, and Bill of Rights

The question at the moment isn’t whether the president could be charged with incitement to violence in criminal court.

Jan. 13, 2021 Jonathan Zittrain

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Brandenburg v. Ohio

Incitement to Violence Ain’t Free Speech

Impeachment Defense, the Constitution, and Bill of Rights

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