this post was submitted on 23 Nov 2023
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chapotraphouse
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If it were the comments alone, he couldn't have been arrested, but he literally harassed and stalked the guy.
General calls for ethnic violence and genocide cannot be criminalized in the US though, because of Brandenburg v Ohio in 1969; landmark decision where KKK leader Clarence Brandenburg called for genocide of black and Jewish people. Ohio criminally charged him, then came SCOTUS ruling "Brandenburg's rights had been violated by Ohio's statue" and "abstract advocacy of violence cannot be punished". Before 1969 free speech actually wasn't as absolute, but this has been the precedent ever since