>The Court held that the government cannot punish inflammatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action"
I would say it's pretty clear that the speech we're talking about incited or produced imminent lawlessness. If you were following the various platforms that these groups were organising on it was very clear that they were inciting lawless action on the 6th- which of course was demonstrated on the 6th. It's also important to understand this didn't stop on the 6th, those same people are now talking about the 20th with similar suggestions.
Brandenburg seems to protect basically idle talk - but that's very clearly not what's happening here.
>The Court held that the government cannot punish inflammatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action"
I would say it's pretty clear that the speech we're talking about incited or produced imminent lawlessness. If you were following the various platforms that these groups were organising on it was very clear that they were inciting lawless action on the 6th- which of course was demonstrated on the 6th. It's also important to understand this didn't stop on the 6th, those same people are now talking about the 20th with similar suggestions.
Brandenburg seems to protect basically idle talk - but that's very clearly not what's happening here.