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7-14-2009 @ 7:01PM
actually, as far as I know the first amendment should cover his speech. Certain types of speech are unprotected by the first amendment, threats of violence fit into the unprotected category of speech known as incitement of imminent lawless action. The problem there however, is that the lawless action has to be IMMINENT. Unless he stated those words at 7:29 while standing in line to board a plane his threats were not imminent. The yelling fire in a theatre situation was first used by Holmes when he created the clear and present danger test, which was later narrowed to the imminent lawless action test in Brandenburg v. Ohio. The current state of this line of cases is that mere advocacy of illegal action does not justify state action, unless that advocacy incites imminent lawless action and is likely to produce such imminent action. I think that the kid actually has a valid first ammendment case against his arrest for saying something in-game.
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