Trying to get people to throw tomatoes at elected officials isn’t free speech.
Actually it is. The only time speech encouraging criminal action is not protected is if it is inciting imminant lawless action. Since this was posted ahead of time on the internet, I would be very hard pressed to say that was encouraging imminant actions.
Now, standing in front of a crowd, yelling for the crowd to throw tomatoes would indeed be something that was not protected.
The action does not need to be immanent. Plotting a crime involves speech only ( especially if the plotters are all busted early ), but is still a crime.
To all my fans please do not bring rotten tomatoes to throw at the mayor during the annual parade.. Do not use the large ones that are stacked in crates behind the deli.. Do not get them and line up in alternating rows on either side of the street to make a tomato gauntlet.. Above all do not throw any tomatoes at the figure in the red convertible with the white roof..
August 22nd, 2011 at 10:33 am
I expect there’s a “not” missing from the title of this post, although it would be a far funnier story if there wasn’t.
August 22nd, 2011 at 10:35 am
Welcome to Ohio, home of the Best Politicians and Judges Money can buy!
August 22nd, 2011 at 12:59 pm
I disagree. Trying to get people to throw tomatoes at elected officials isn’t free speech.
August 22nd, 2011 at 1:16 pm
If a person tells somebody to shut up, it’s not a first amendment violation. If a member of government says it, then it is.
August 22nd, 2011 at 1:27 pm
Actually it is. The only time speech encouraging criminal action is not protected is if it is inciting imminant lawless action. Since this was posted ahead of time on the internet, I would be very hard pressed to say that was encouraging imminant actions.
Now, standing in front of a crowd, yelling for the crowd to throw tomatoes would indeed be something that was not protected.
August 22nd, 2011 at 5:03 pm
You don’t have to be Walter Sobchak to know that the Supreme Court has roundly rejected prior restraint.
August 22nd, 2011 at 6:04 pm
Chris: look up conspiracy.
The action does not need to be immanent. Plotting a crime involves speech only ( especially if the plotters are all busted early ), but is still a crime.
August 22nd, 2011 at 9:03 pm
To all my fans please do not bring rotten tomatoes to throw at the mayor during the annual parade.. Do not use the large ones that are stacked in crates behind the deli.. Do not get them and line up in alternating rows on either side of the street to make a tomato gauntlet.. Above all do not throw any tomatoes at the figure in the red convertible with the white roof..