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by brickteacup 819 days ago
hate speech is still protected speech
1 comments

Threatening to "go kill ni**ers for a high score" is likely illegal.

That shits on /pol/ right now, and is the root of supporting extremism to the point of violence and murder. And last I checked, making death threats is explicitly not protected speech.

True threats are illegal.

However, "go kill ni*ers for a high score" is not only not a true threat, it's the kind of speech that Brandenburg v Ohio, which established the current incitement-to-imminent-lawless-action test, explicitly said was 100% protected free speech.

Pretty much anything less than leading a mob and telling them who is their next lynching target will be ruled protected speech.

In the US? It absolutely is protected speech.

Your test sentence fails the Brandenburg test: it is not "directed to inciting or producing imminent lawless action", nor "likely to incite or produce such action."

https://www.law.cornell.edu/wex/brandenburg_test

Thankfully, the US system does not agree with you.