During a 2016 campaign rally in Kentucky, Donald Trump asked that some disruptive protestors be removed. He said, “Get them out of here,” and, “Don’t hurt them.” The demonstrators who were removed sued Trump for, among other things, inciting a riot, which is a cause of action under Kentucky law. The Court of Appeals for the Sixth Circuit has found that Trump did not incite a riot and that his words were protected under the First Amendment.
Here’s their opinion—
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And here’s the money quote—
“Speech is powerful.” Snyder, 562 U.S. at 460. Yet, as a nation, we have chosen to protect unrefined, disagreeable, and even hurtful speech to ensure that we do not stifle public debate. Id. at 461. The First Amendment demands governmental tolerance of speech, in the name of freedom, subject to “a limited number of categorical exclusions.” Bible Believers, 805 F.3d at 243. The speech that forms the premise for plaintiffs’ incitement-to-riot claim does not come within any of these limited exclusions. It follows that, even if the allegations were deemed to state a plausible claim under Kentucky law—a proposition we do not accept— prosecution of the claim would be barred by the First Amendment.
BTW, Bill Schmalfeldt tried use Nwanguma as a case law in support of his LOLsuit VIII last year.
Even if Nwanguma had been on point for his case, and it wasn’t, it’s fitting that the Dreadful Pro-Se Schmalfeldt would try to rely on an case that would clearly going to be overruled.