Can President Biden order T***p and JayDee to STFU?
Last edited Wed Sep 18, 2024, 05:37 PM - Edit history (1)
If he did it right -- framing it as protecting the people and communities who are receiving death threats because of their lies -- it would fall within the official duties of the office of the president requirement of the SCOTUS order, and thus be immune from criminal prosecution.
It's not designed to stop them from campaigning, it's about protecting citizens from their lies and hate.
Just a thought. This bullshit is getting dangerous, and one of these days an army of neo-Nazis is going to start taking out everyone T***p identifies as his enemy, which is basically everyone who won't bend a knee to the would-be king.
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After posting the above, it occurred to me that what Bozo1 and Bozo2 falls within the " Shouting 'fire' in a crowded theater " exception to the First Amendment that Justice Oliver Wendell Holmes wrote in dicta to the opinion in Schenck v. United States. In this case, Holmes said, "the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent."
In 1969, Schenck was largely overturned by Brandenburg v. Ohio , which limited the scope of speech that the government may ban to that represents a "clear and present danger" likely to incite imminent lawless action (e.g. a riot).
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