I ‘someone’ advocated using molotov cocktails on his business and home, would they be arrested?
Depends on how you incite the crime.
If you say you will give out free beer to celebrate if and when this clown is burned alive, you are not inciting.
If you say, “I want someone to go burn this guys house down” you are getting closer.
But the actual crime of “incitement to violence” The government must prove three specific elements beyond a reasonable doubt:
Intent: The defendant intended to incite violence or riot, rather than merely engaging in careless conduct or emotionally charged rhetoric.
Imminence: The speech created a “roadmap” for imminent lawless action, meaning it urged immediate harm rather than referencing vague or future acts.
Likelihood: The defendant’s words were likely to persuade, provoke, or urge the crowd to commit acts of violence, going beyond mere profanity or offensive messaging.