← Back to context

Comment by mrandish

5 hours ago

> That’s incitement to violence

While actual incitement to violence isn't protected speech, that wasn't even close to incitement to violence, which requires meeting three prongs clearly defined by SCOTUS.

I encourage you to review actual statements which SCOTUS has previously ruled are NOT incitement to violence. It's so incredibly narrow and particular, I was left wondering if anything can meet the definition. Jimmy Kimmel is so far from it your assertion is ludicrous.

True, but irrelevant given that ABC is not in any way part of government. It was justified that the general public deemed those comments unacceptable, specifically because they were an attack on the very principles that made them legally permissible; and ABC was capable of, and morally justified in, punishing them (and also legally permitted to punish them).

  • > It was justified that the general public deemed those comments unacceptable

    Is this the same general public whose backlash over the suspension got it reversed a few days later by the network, and by Nextstar and Sinclair a few days after that?

  • The prohibition against inciting violence has nothing to do with whether or not the speaker is a government entity.

    Indeed, I think you should look at the speech that SCOTUS ruled is protected in the landmark Brandenburg v Ohio[0] case to see how extremely narrow the "imminent lawless action" standard is. It's ridiculously hateful and inflammatory, and filled with several non-specific threats of violence against minority groups. This was labelled protected speech. Brandenburg was a private citizen here, and he prevailed over the state of Ohio.

    [0]: https://en.wikipedia.org/wiki/Brandenburg_v._Ohio