Is It Incitement?

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Well, I’m not a lawyer, and I don’t have one on retainer to answer impetuous questions, so I went to Ask A Lawyer and found this.

Under federal law, a riot is a public disturbance involving an act of violence by one or more persons who are assembled in a group of at least three people. The act of violence must be one that presents a clear and present danger of injury to another person or damage to another person’s property. Threatening to commit a violent act in such a group situation that could injure another person or damage property is also considered a riot if one of the persons in the group has the ability at the time to carry out the threatened violence.

Inciting a riot applies to a person who organizes, encourages, or participates in a riot. It can apply to one who urges or instigates others to riot. It does not apply to someone who merely advocates ideas or expresses beliefs, if those ideas and beliefs do not involve advocating violence.

The federal crime of inciting a riot carries a possible penalty of up to five years in prison a fine.

No, I’m not considering doing anything like this. But I’m wondering if he was:

There are so many ways this might or might not be a prosecutable crime. But it sure would be fun to try to get him. Imagine a country where after two hung juries at Rush Limbaugh incitement trials, they figure a third time must be the charm.

Ah, well. We live in a country where justice is politicized in the other direction. So we have to settle for alert listeners like this one.

Rush may or may not be a criminal, but he surely is a vicious racist.


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