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Donald Trump Has Incited Violence. When Will He Be Arrested?

In the United States, we have freedom of speech. People can say what they want to say, and not be punished for what they say.

However, in the United States, we also have laws against organizing criminal activity. So, if the leader of an organization is talking to its members, and that leader tells the organization’s members to commit violent crimes, that’s a crime.

Is that a crime that Donald Trump is guilty of?

Trump has stood before his supporters and instructed them to violently attack anti-Trump protesters, telling them to, “Knock the crap out of them, would you? Seriously. Okay? Just knock the hell, I promise you, I will pay for the legal fees. I promise. I promise.”

“Seriously,” Trump says.

Fine. Let’s treat this seriously.

Should Donald Trump be arrested for the violence he has encouraged his supporters to engage in?

Violence has certainly occurred. Trump supporters, on several occasions, have brutally attacked peaceful protesters.

Tonight, on the streets of Chicago, there have been huge brawls, with gangs of angry Trump supporters getting into fistfights with anti-Trump supporters.

However, in the United States, we have free speech, and Donald Trump’s incitement of violence has remained within the zone of legally protected free speech – if only barely.

The Supreme Court has used a ruling known as Brandenburg v. Ohio as an indication that even when leaders encourage their followers to engage in acts of criminal violence, free speech protects them. This interpretation of Brandenburg is the prevailing legal opinion, but it rests upon a razor-thin line of reasoning.

The Brandenburgmajority opinion declared that “constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action”. From this opinion, a legal principle known as the Brandenburg Test has been crafted, dictating that three elements need to be present for criminal incitement of violence to overcome First Amendment free speech protections.

1. There needs to be the intent to incite violence
2. There needs to be an imminent opportunity for violent attack after the incitement is given
3. The incitement needs to be likely to cause violent attack

Donald Trump clearly fails items number 2 and 3 in the Brandenburg Test.

The only thing that is preventing Donald Trump’s arrest and prosecution for inciting mob violence is that he can claim that he never intends for any attacks to actually take place. First, Trump instructs huge crowds of his fans to attack protesters, and then later, Trump releases statements that he does not condone violence among his supporters. It’s just barely enough, given his position as a rich and powerful presidential candidate, to provide him with legal protection.

Tonight, it seems like only a matter of time before a protester at a Trump rally is left with something more serious than a bruise or a bloody cut. Trump supporters have already screamed encouragement to attackers to engage in extreme violence, yelling, “Light the motherfucker on fire!” John McGraw of Linden, North Carolina, the man who was filmed rushing up to an African-American at a Trump rally and punching him, without provocation, has threatened, “Next time, we might have to kill”.

The situation is becoming extremely serious, and Donald Trump needs to be exceptionally careful about the threats he makes while on stage. If an anti-Trump protester is killed, Trump will have blood, not on his hands, but on his tongue.

10 thoughts on “Donald Trump Has Incited Violence. When Will He Be Arrested?”

  1. Frank says:

    As usual, biased and profoundly ignorant. But what do you expect from leftist fascists? Firs of all: Brandenburg Vs Ohio precisely define the limitation of “incitement” with the following words “clear and present danger” which is imminent ir immediate action to use violence. Trump has never advocated any of that, never. IF WE want to say that then the followings need to be arrested as well:
    1) Farrakhan for inciting the killing of white people. Quote: “So if the federal government will not intercede in our affairs, then we must rise up and kill those who kill us. Stalk them and kill them and let them feel the pain of death that we are feeling.” Outright incitement of murdering people. Another quote:”we’ll tear this goddamn country apart!”. Crickets from the media, Obama, Loretta Lynch, YOU.
    2)New Black Panther Party: “Kill the crackers, Kill them all…….kill the white babies” etc etc. King Shabazz, whatever the stupid name is. Crickets from Obama, DOJ, and people like YOU.
    3) Black lives matters agitators: “what do we want ..dead cops..when do we want them…NOW”. Crickets from Obama, DOJ, and people like yourself.
    Not to mention the incendiary rhetoric disseminated by YOUR President, Holder, De Blasio, Baltimore mayor and …
    what about Sharpton? Inciting riots, one dead, Crown heights? Inciting violence in Ferguson and Baltimore.
    We want to arrest “hate speech”..then ALL of the above need to go to jail.
    At the end: you are full of shit..as usual. Go and get a fucking job instead of blogging bulllshit.

    1. J Clifford says:

      Frank, did you even READ the article, or just presume what it says?

      1. Jim Cook says:

        Numero 2!

    2. fuck frank says:

      You’re a fucking retard. The only fascist here is you and donald trump
      I want to tell you all the reasons your post is just dead wrong, but after reading it I know that you are too fucking stupid to acknowledge any truth other than the bullshit sloshing around in your moronic melon.

      Donald trump is literally instructing violence to, and against, people that are right there in front of in. The suggested violence is immediately available. He should be charged with a crime.

      And fuuuuuck you frank. I hope you get disembowled you piece of fucking shit. I hope you get your hand stuck in a blender and a cat pisses in the blender and it gets turned on, mixing your mangled hand with cat piss. Then i hope a koala rips your eyes open with its claws and shits in the open wounds. Then i hope you live for the rest of your life enduring the most heightened pain that has been realized by any being in existance. Hows that for protecred speech you piece of shit nothing motherfucker? You are fucking scum and you derserve eternal pain. Fuck you Frank.

      1. Marine73 says:

        Youve literally just proved his point by avoiding his argument and launching into personal attacks. Your last sentence can be construed as incitement as well…

      2. Marine73 says:

        And youve completely disregarded the accurate quotes from farrakan, panthers, BLM, et all.

    3. Fred says:

      All of Trumps remarks have been directed to the Police and security people when the protesters threatened the people in the audience.
      If Trump is to be arrested, what is wrong arresting Hillary for Murder in the Benghazi attack as well as several other Murders that are known.

  2. John W. Ratcliff says:

    I think the more obvious crime is making terrorist threats. He has threatened to kill the families of our enemies. That is a terrorist threat, plain and simple.

    He has been openly advocating war crimes. We throw kids in jail for less obvious threats on Facebook.

  3. J Clifford says:

    Update: http://www.cbsnews.com/news/n-c-sheriff-considers-inciting-a-riot-charge-against-trump/

    The Cumberland County Sheriff’s Office has investigated, and decided not to indict Donald Trump for inciting to riot.

  4. Rick says:

    Donald Trump has intimidated everyone who has ever interviewed him, he just keeps talking and steamrolls over people. I’ve watched him repeat lies over and over and the interviewer never gets a chance to respond. When he was interviewed on CNN about Trump University he just kept saying that thousands and thousands of former pupils had given rave reviews, and no one bothered to point out that those reviews were given before the pupils finally became aware of the fraud that was being perpetrated. They were suckered into giving those reviews and Trumps staff cleverly illicted those positive reviews as insurance against being exposed.
    He’s no fool and he ruthlessly protects himself. What a great con. It’s a typical ploy for predators.

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