- Criminal Speech: Inciting a Riot or Violence
Many states and the federal government have enacted laws prohibiting inciting riots, violence, or insurrection, whether by those names or under laws prohibiting disorderly conduct, public disorder, mobs, or breach of peace
- 18 U. S. Code § 2102 - Definitions | U. S. Code | US Law | LII Legal . . .
As used in this chapter, the term “ riot ” means a public disturbance involving (1) an act or acts of violence by one or more persons part of an assemblage of three or more persons, which act or acts shall constitute a clear and present danger of, or shall result in, damage or injury to the property of any other person or to the person of
- What Is Incitement and How Is It Defined in Law? - LegalClarity
In the U S , incitement is a criminal offense, with severity depending on the nature of the incited act If it leads to violent crime, penalties can include fines and prison sentences Federal guidelines consider both intent and outcome, resulting in nuanced sentencing
- Rioting and Inciting to Riot - FindLaw
The law includes threats of violence if those involved could immediately act on the threat Under federal law, inciting a riot (18 U S Code Section 2101) includes acts of "organizing, promoting, encouraging, participating in a riot" and urging or instigating others to riot
- Free speech: what constitutes incitement? - TalksOnLaw
“Incitement to violence” is a term that refers to speech that creates an immediate risk of harm to another person It’s kind of like a threat, except it’s done through another person
- When Can Speech Be Punished? A Primer on Unprotected Incitement to Violence
Three elements must be met: (1) the speaker must intend to cause violence, (2) he or she must intend that the violence occur immediately, and (3) the violence must be likely to occur immediately
- 18 USC Ch. 102: RIOTS - House
(1) to incite a riot; or (2) to organize, promote, encourage, participate in, or carry on a riot; or (3) to commit any act of violence in furtherance of a riot; or (4) to aid or abet any person in inciting or participating in or carrying on a riot or committing any act of violence in furtherance of a riot;
- Why incitement is hard to prove – and why that’s a good thing
While Trump’s words may not meet the precise legal definition of incitement, there’s a strong argument that his behavior constituted the “high crimes and misdemeanors” required under the Constitution to impeach a president
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