Back in 1969, the Supreme Court ruled that incitement can only be punished if the speech in question "is directed to inciting or producing imminent lawless action and is likely to incite or produce such action." President Donald Trump's words on January 6, 2021, while reckless and irresponsible, do not meet that standard. If any non-celebrity private citizen had said the exact same things Trump did at that rally, he would not be charged with incitement, much less convicted of it.
Making normal political speech a crime
Making normal political speech a crime
Making normal political speech a crime
Back in 1969, the Supreme Court ruled that incitement can only be punished if the speech in question "is directed to inciting or producing imminent lawless action and is likely to incite or produce such action." President Donald Trump's words on January 6, 2021, while reckless and irresponsible, do not meet that standard. If any non-celebrity private citizen had said the exact same things Trump did at that rally, he would not be charged with incitement, much less convicted of it.