Question

Scenario: A political leader is speaking at a gathering of their supporters when they begin to talk bad about the local government. After several minutes, the politician then starts to incite an insurrection by calling for people to grab weapons and storm city hall. Before they storm the hall however, the authorities come together and arrest the politician outside before any altercations happen. In their defense, the politician says that since nothing happened, their words to rally supporters are protected under the first amended right of freedom of speech. Is the politician protected under the first amendment? Why or why not? You can search online for this answer, or brainstorm with others to come to a reasoned conclusion as to why he should or should not be protected. Make sure you use evidence from the story in your response.

Answer 1

The politician may not be protected under the First Amendment because incitement of a criminal act is not protected speech.

Step-by-step explanation:

The politician's defense that their words to rally supporters are protected under the First Amendment of freedom of speech may not hold up in court. While the First Amendment does protect most forms of offensive and unpopular political speech, it does not protect incitement of a criminal act. Inciting an insurrection and calling for people to grab weapons and storm city hall can be seen as a direct promotion and a genuine threat, which are not protected under the First Amendment. The authorities' actions in arresting the politician outside before any altercations happened indicate that they considered the politician's words to be a clear and present danger.