“Speech is Powerful”


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—

If the embedded document is not displaying properly on your browser, you can read it here.

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.

3 thoughts on ““Speech is Powerful”

  1. Pingback: Appeal Court throws out lawsuit accusing Trump of inciting a riot at campaign rally

  2. Pingback: Appeals Court throws out lawsuit accusing Trump of inciting a riot at campaign rally | TrumpsMinutemen

  3. If anything, practically the opposite of inciting a riot. Under their theory, the state would not be legally able to suppress riots.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s