Brandeburg v. Ohio – Why has Donald Trump not been Arrested and Charged?


By Matthew A. McIntosh / 03.13.2016

The Supreme Court ruled in Brandburg v. Ohio (1969) that and provided a two-pronged test to determine when speech escalated to criminal activity.  The Court ruled that speech is not protected under the following two conditions:

  1. speech can be prohibited if it is “directed at inciting or producing imminent lawless action”
  2. it is “likely to incite or produce such action.”

Let’s look at some statements made by Donald Trump at his rallies as he to his supporters about protesters:

  1. St. Louis:  “You know, part of the problem and part of the reason it takes so long is nobody wants to hurt each other anymore, right?”
  2. Fayetville:  “They used to treat them very, very rough, and when they protested once, they would not do it again so easily…we’ve become weak.”
  3. Michigan:  “Get him out.  Try not to hurt him. If you do, I’ll defend you in court, don’t worry about it.”
  4. Las Vegas:  A protester should “be carried out on a stretcher” and “I’d like to punch him in the face.”

Donal Trump has blatantly violated the law and should be arrested and charged for incitement to violence per precedent in Brandenburg v. Ohio.

Don’t hold your breath, it’s not likely to happen.  He’s rich.  Only us regular folk get arrested for things like that.



2 thoughts on “Brandeburg v. Ohio – Why has Donald Trump not been Arrested and Charged?

  • I am not from USA but what I see from this Republican nomination is that Donald Trump is the most worthy candidate than anyone else. He has not been controlled by anyone else and nor will be because he did not accept any donation for his campaign and by that he is not bound to return the favor if someday he gets elected. Other candidates has been sponsored by several group of people or establishment who would like to ask a favor if someday they were get elected. This was already and currently happening where the rich individuals has been favored by the government instead of those middle class tax payers. Those few rich individuals are controlling these so-called career politicians who created rules and policies in favored of their donors.

    • My response to the above comment is that I AM from the USA and sometimes it feels like my country has the monopoly on stupid. I want to thank the above Trump-supporter who suggested that race-baiting fascism is preferable to legislative and corporate corruption for proving to me that there is rampant stupidity elsewhere as well. It’s not just us.

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