• @Dasus
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    65 days ago

    I assume you are right, but has anyone actually tried it?

    *goes to check wikipedia*

    In Brandenburg v. Ohio (1969), even speech such as “Bury the removeds” and “Send the Jews back to Israel,” was held to be protected speech under the First Amendment in a per curiam decision.

    https://en.wikipedia.org/wiki/Fighting_words

    Oh. I guess I was right to assume that you were right in saying that it’s not a viable defense to things like that. Ugh. Depressing. I was so hoping to be wrong in assuming you’re right.

    • @[email protected]
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      25 days ago

      I imagine the jury would have a large say in the outcome, but then again the average American isn’t very smart :/