We treat speech differently based on context. Yelling fire in the middle of the ocean with no one around is legally distinct from yelling fire in a crowded theater.
I would argue that without the intent or ability to act in a dangerous manner that this speech is legally distinct from the same statement with those qualifiers.
The realities of limited resources in our judicial system and common sense require us to make these distinctions.
The difference here, in my mind, is that Hillary Clinton was not able or intending to spur a grassroots coup that was dangerous to our Democracy based on her statements.
I would argue that without the intent or ability to act in a dangerous manner that this speech is legally distinct from the same statement with those qualifiers.
The realities of limited resources in our judicial system and common sense require us to make these distinctions.
The difference here, in my mind, is that Hillary Clinton was not able or intending to spur a grassroots coup that was dangerous to our Democracy based on her statements.