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Advisory Opinions

Incitement of Insurrection

Advisory Opinions

The Dispatch

News, Government, Politics

4.74K Ratings

🗓️ 11 January 2021

⏱️ 72 minutes

🧾️ Download transcript

Summary

In a break from our current news cycle, Advisory Opinions tackles “the more mundane issue of teenage girls complaining” in a discussion about Mahanoy Area School District v. B.L, one of the Supreme Court’s latest cert grants addressing the issue of off-campus student speech. Not to worry, our hosts also dig into the more pressing issues of the day. In an examination of the term “incitement,” David and Sarah ask: Were the president or other individuals guilty—in a criminal sense—of provoking tangible violence at the Capitol last week? Do their words and actions meet the Brandenburg test, which criminalizes inflammatory speech that is both “directed to inciting or producing imminent lawless action,” and “likely to incite or produce such action”? Show Notes: -Mahanoy Area School District v. B.L -Thomas More Law Center v. Becerra -David’s French Press newsletter on Mahanoy Area School District v. B.L -Amendment 14: Section Three -1974 memo on presidential or legislative pardon of the president Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

You ready?

0:02.0

I was born ready.

0:04.0

Welcome to the advisory opinions podcast.

0:22.0

This is David French with Sarah Isger and wow.

0:26.0

We've got a ton to cover today.

0:30.0

There have been so many new developments since our last podcast.

0:36.0

Video evidence that keeps emerging from the riot,

0:40.0

the insurrection at the Capitol on January 6th.

0:42.0

The just gets more chilling by the day.

0:46.0

The body politic is trying to figure out what to do.

0:50.0

The social media bands have extended into the use of web services to shut down,

0:58.0

potentially shut down websites like Parlay and banks to stop processing donations.

1:04.0

Rudy Giuliani might get disbarred.

1:06.0

My goodness.

1:08.0

So we're going to cover a ton of stuff, y'all.

1:12.0

We're going to roll through as many things as we can.

1:14.0

Did Donald Trump on, uh, was Donald Trump speech,

1:18.0

protected speech on the Capitol right before the riot or was it incitement?

1:22.0

Uh, does the 14th Amendment section three potentially could it be used to bar him from future?

1:26.0

Office, even if he is not impeached,

1:28.0

can 14th Amendment section three be used to bar members of Congress from office?

1:34.0

Uh, can Donald Trump pardon himself?

...

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