No one is excusing looting and anarchy. Arrest them all.
As I posted #65 and #120...
Exceptions established by the courts to the First Amendment protections include the following: Defamation; Causing panic; Fighting words; Incitement to crime; Sedition; Obscenity.
Fighting words: In the famous case of Chaplinsky v. New Hampshire, the U.S. Supreme Court held that the First Amendment does not protect "fighting words -- those which by their very utterance inflict injury or tend to incite an immediate breach of the peace." (315 U.S. 568, 572 [1942])
Note that the harm involved is physical harm caused by someone else who was provoked by the speaker whose speech is being suppressed. The fact that someone else flies into a rage and causes physical harm results in justifying suppression of speech by another person.
It is simply not a cut-and-dried issue.
You are still missing the issue. No one has the right to loot and riot or even to physically attack another based on what that person says. Even if someone yells 'fire' in a crowded theater, there is no right for any of the patrons to administer vigilante justice or rob the jewelry store next door.
If one of the marchers got into a one on one shouting match with someone and called him this and that and they guy punched him back or somrthing and the protester claimed "free speech"...i see the point
Good job! That has been the law for a long time. Those that deliberately provoke or antagonize someone to lose their temper, can complain to no avail when they get their face punched.
I see this more as a "incite to riot"
The gang members that threw rocks and damaged property should be found and brought to justice. I feel sorry for the property owners!
Oh, sure, and who defines those limits? You, me, some dem appointed judge? Sorry, it is not that simple.