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by zaroth 1988 days ago
I think it’s totally clear that in the court of public opinion Trump is guilty of inciting the riot.

In the context of a court of law, if we’re speaking about the actual limits of free speech in America, I think Trump’s speech does not meet the threshold.

So I’m not trying to make a political point, but I think there’s an interesting legal discussion to really understand that just because violence happens after a speech, or in this case concomitant to a speech, there’s still a very high bar - very direct language that has to be used for that person to be guilty of incitement in a court of law.

I completely agree it’s totally up to Twitter to decide to ban Trump from their platform. They likely don’t even have to give you a specific reason under their ToS. I wasn’t speaking about the Twitter ban in this case.

Lastly, I’d agree completely that context matters. Interestingly, the context of Giuliani’s “trial by combat” statement was discussing some hypothetical investigation that was supposed to happen over the next 10 days that they were going to “stake their reputation” on;

https://twitter.com/atrupar/status/1346847382768676864?s=20

Again, this is a kind of statement that politicians make all the time, and is not illegal.