
Originally Posted by
Bohemian
AND there's a difference between an opinion and a tangible & credible threat... AND there's a difference between out of context quotations and reality...
1st Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
14th Amendment
... no person shall be deprived of life, liberty, or property, without due process of law...
The United States federal government and state governments are broadly forbidden by the First Amendment of the Constitution from restricting speech. See, e.g., Gitlow v. New York (1925), incorporating the free speech clause. Generally speaking, the First Amendment prohibits governments from regulating the content of speech, subject to a few recognized exceptions such as defamation and incitement to riot. Even in cases where speech encourages illegal violence, instances of incitement qualify as criminal only if the threat of violence is imminent. This strict standard prevents prosecution of many cases of incitement, including prosecution of those advocating violent opposition to the government, and those exhorting violence against racial, ethnic, or gender minorities. See, e.g., Yates v. United States (1957), Brandenburg v. Ohio (1969).
In the 20th century the Supreme Court held that the Due Process Clause of the Fourteenth Amendment applies the First Amendment to each state, including any local government.
"Being ignorant is not so much a shame, as being unwilling to learn." - Benjamin Franklin