14

Charged: yes. Another answer has mentioned incitement to riot in 18 USC 2101. There is also incitement to insurrection in 18 USC 2383. This carries with it upon conviction a prohibition on holding office under the United States, both in the federal law itself and also via Amendment 14 of the Constitution of the United States. There are laws under which ...


4

The Brandenburg Test This is not a "general test" - it's the test that applies. The prosecution must prove beyond reasonable doubt that: The speech is “directed to inciting or producing imminent lawless action,” AND The speech is “likely to incite or produce such action.” The first goes to mens rea; that the person intended by their speech to ...


3

Generally, in cases involving speech that may not be protected by the First Amendment, the burden of proof requires the prosecution to prove that the speech was not protected and that the speaker did intend the speech to incite imminent lawless action. Words that may be used in a metaphorical sense(i.e. "You gotta fight! For your Right! To PAAAAAARTY!)...


3

By definition this is not an intentional crime or tort (i.e. civil wrong for which one can sue). There are several standards of intent (also called mens rea) other than knowledge that one is committing a crime or intent to commit a crime, that are commonly applied to criminal offenses and torts: Strict liability Negligence Gross negligence Willful and ...


3

The UK-source does not suggest what state laws he would be charged under: it may be unaware that DC is not a state. There is a Washington DC law and a federal law where it is a crime to willfully incite or urge other persons to engage in a riot, or to use something that involves interstate or foreign commerce to incite a riot. W.r.t. a federal charge, the ...


2

None. It is not a perfect criminal defense to having committed a crime that someone else asked, threatened, or incited you to do it. At best, this affirmative defense can have an effect on the sentence, but in the worst case, one does plead guilty. You might face less or no punishment if someone threatens you or otherwise puts you under duress, or you might ...


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