Update (10/16/23): The Illinois man who fatally stabbed a 6-year-old Palestinian American boy had reportedly been worried about the “day of jihad” and had “been listening to conservative talk radio about the Israel-Hamas war and became increasingly concerned about his Muslim tenants.”
Right-wing media spent days fearmongering about potential mass violence happening on Friday after a former Hamas political leader was reportedly mistranslated as advocating for a “day of jihad.” Despite a lack of evidence of a related threat to the United States, some called for increased surveillance and others gave advice on how to best avoid an attack.
You don’t criminalize the speech, you add accountability for the outcomes.
Then you’ve gotta be patient and wait for there to be some outcomes, instead of clamoring for the speech to be shut down in advance.
We call that distinction “prior restraint”. In US law, government doesn’t get to silence speech, but can still prosecute harms that happen after the speech.
The outcomes keep happening and nobody is penalized.