Comment by manwe150
5 days ago
Free speech in the US means they cannot make specific laws against proposing ideas, but a long history of legal cases does mean there are cases when you can be civilly or criminally liable if your words lead others to harmful actions
Its a weird grey area for sure. The best rationalization I have ever come up with is that when speech involves a legitimate threat to do harm, for example, that skips past just speech and can be seen as a step in actively planning to do harm. In certain situations, like murder or terrorism, we've agreed that simply planning to do it is a crime.
Combine the two and it isn't that you said something that is illegal, its that the statement is interpreted as a clear signal of actively planning to do something which itself is illegal.
That's a good rationalization indeed! It makes sense that you should be able to think and say "Y_Y is a jerk who deserves to die", but if you say it to my face then I might be reasonably upset to the point of considerable emotional harm, or if you say it from your pulpit it could reasonably be interpreted by one of your followers as an instruction to commit murder. The speech alone isn't the crime, but you can certainly commit different crimes purely by speaking (though the context is determinative).
It is quite nuanced, but generally it depends on your intent. If you plan how to commit a crime without intending or encouraging anyone to commit it, that is not illegal, but intending to commit a crime, even if some else does the actual deed or if nobody is even harmed, that is illegal, as they were the perpetrator and succeeded. Eg https://law.stackexchange.com/questions/80382/can-you-be-pun...