Sedition Charges Are Almost Always a Terrible Idea

The weaponization of law against speech disliked by powerful people has prompted landmark free speech decisions. “The constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action,” the U.S. Supreme Court ruled in Brandenburg v. Ohio (1969).

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Rage at Capitol assault makes excuses for summer riots all the more disgraceful

Wednesday’s mob assault on Capitol Hill was shocking and brazen: Hundreds of MAGA-hat-wearing rioters broke into the seat of American democracy. They stormed the halls, looting property and assaulting law enforcers, all in service of an absurd political demand: reversing the outcome of an election.

Now where had I witnessed such scenes before? The answer: in blue-governed cities in my native Pacific Northwest throughout last summer and into the fall and winter.

The right-wing political violence was met with universal rebuke from politicians of both parties and the media. But many of those who are loudest in condemning the Capitol Hill riot went radio-silent when rioters destroyed and looted in the name of Black Lives Matter.

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