Is it “okay”, is it covered by the First Amendment, to call for genocide, as long as you do not take action toward that end?
If I were back in law school and this were an exam question, I’d scribble down “Yes”.
I can hear my Constitutional Law Professor wrapping up a lecture on the First Amendment by declaring
“In our country, we do not punish thought, nor ‘pure speech’.”
The same gent also taught criminal law, where we learned that “conspiracy” is not a crime, even though the enterprise under discussion is criminal, unless and until one or more or the conspirators commits some “overt act” ( which need not be criminal in itself) in furtherance of the illegal plan.
I just heard Penn president Liz McGill”s exchange with Elise Stefanik, which led to McGill’s resignation, and, um….while the use of the word “context” was unfortunate (see Powerline’s This Week In Pictures feature) , it seems to me what she was doing was stressing the presence or absence of actual criminal ACTIVITY.
I gotta respect that.
People think the famous exception for “yelling FIRE in a crowded theater” is metaphorical, but I don’t think so: in that , er, “context”, that word alone will trigger an arguably involuntary flight respones, inevitably resulting in injuries and/or death.
(Also of course, UPenn is not s state school; if she was asked to resign, she isn’t facing criminal prosecution for her remarks; this isn’t the stuff of a Section 1983 lawsuit.)
I want the freedom to think, say, and post, as I recently did, that Israel oughta take those slobby-lookin’ guys they just flushed outta the tunnels in Gaza, render ‘em down to make tallow outta their abundant adipose tissue, and distribute it to light the Menorahs across Israel this Hanukkah season.
Now, for which do you dislike me more:
My advocacy of making candles outta the fat greasy Muslims?—or
My backhanded and reluctant support for the widely mocked Ms. McGill?
I hate and deplore Jew hatred, but I love and cherish the right to express my untempered hatred for Islam.
(you, dear Polymaths—don’t be too rough on me please! )