When the majority leader of the Senate, supports violent extremism against the SCOTUS Justices, does so on national television and not a bleep of reprimand from our government, media, social media or any other institution sets the precedence that this is A-OK and an approved way of life.
To cross the legal threshold from protected to unprotected speech, the Supreme Court held the speaker must intend to incite or produce imminent lawless action, and the speaker’s words or conduct must be likely to produce such action. These requirements are known as the Brandenburg test. (Brandenburg v. Ohio, 395 U.S. 444 (1969).)
Applying the Brandenburg Test
Cases applying the Brandenburg test stress just how high the bar is set before the government can criminalize someone for advocating dissent or violence.
First, incitement to violence requires proof that the defendant intended to incite violence or riot (whether or not it actually occurs). Careless conduct or “emotionally charged rhetoric” does not meet this standard. Second, the defendant must create a sort of roadmap for immediate harm—using general or vague references to some future act doesn’t qualify as imminent lawless action. Finally, the defendant’s words must be likely to persuade, provoke, or urge a crowd to violence. Profanity or offensive messaging alone isn’t enough; the messaging must appeal to actions that lead to imminent violence. (NAACP v. Claiborne Hardware, Co., 458 U.S. 886 (1982); Hess v. Indiana, 414 U.S. 105 (1973).)
Now consider the current gatherings outside of our SCOTUS Justices homes…were they incited and empowered by Schumer’s words? I’d conclude most definitely.
IMO Congress should enact laws prohibiting any and all protests with in a legalized perimeter of a current Judge’s home.
A “judge” represents 1/3 of our checks and balance systems. They can NOT be threatened in any way or it totally disrupts the intent of our forefathers. They must be protected by law and Schiff’s rhetoric was inexcusable IMO.