What’s stopping “How to Blow Up a Pipeline” from telling you how? Legal experts say the First Amendment broadly protects even speech that could or does lead to a crime, with a few exceptions
“First Amendment jurisprudence has a very strong bias that the listener is ultimately responsible,” said Leslie Kendrick, director of the Center for the First Amendment at the University of Virginia’s law school. She likened the incitement standard to the legal standard for conspiracy: “The speaker has to have intended their words to create this kind of violence or risk. They have to have been in on it, on some level.
“‘Steal This Book’ and ‘The Anarchist Cookbook’ are still on the shelves, even though those books broadly advocate all sorts of unlawful activity and provide some instruction on how to do it,” Hauss said. “Especially with speech on matters of public concern, we don’t outlaw it unless we know for a fact the speaker’s sole goal was to facilitate criminal activity.
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