Reckless rhetoric is a reckless standard in this impeachment | TheHill
Cheering on your allies is an act of free speech rather than insurrection. Yet the House impeached Trump for inciting an insurrection or rebellion. Its article does not charge him with recklessly causing riots or threats to Congress. It alleges an effort to overthrow our government, which is the deepest hole to dig in the House and then fill in the Senate. The Supreme Court has rejected fluid standards to criminalize speech. Cases based on these remarks would likely fail. In Brandenburg versus Ohio, the Supreme Court refused to allow the government to criminalize speech which calls for the use of force or of law violation unless it is imminent.
via thehill.com
It looks like freedom of speech (along with religion) really is going to be the hill on which we fight (and more than likely die, but who knows, maybe not). Personally, I think I’ll be in Montenegro, soaking up the sun, but good luck, you guys.