Today, the law recognizes only four exceptions to the First Amendment’s protection for free speech: (1) speech posing the “clear and present danger” of imminent violence or lawless action posited by Holmes, (2) disclosures threatening “national security,” (3) “obscenity” and (4) so-called “fighting words” that would provoke a reasonable person to an imminent, violent response.
When do the police get mind reading training that will tip them off when the bad actor or an on looker or lookers are incited to riot or harm the officer while the “(1) speech posing the “clear and present danger” of imminent violence or lawless action posited by Holmes” is going to occur.
At what point can this so-called logic turn into a riot? What happens to the idea that hate speech, (which this was) is not permissable? If the general discourse is so lowered that an attempt to restore peace by a LEO is not honored, where do we go from there?
This is bullshit. You might have THE RIGHT to hate speech because you are a black guy screaming epithets at a white guy? I don’t think so.
What if it’s four black guys in a black neighborhood, a cop rolls up to move them along and they break this crap out on the cop? They just tuck tail, apologize and move on?
WHAT message are we sending, that no respect is due to the law?