Imminence and Texting

[Silverburg, Sanford R]

A question arose today in my Con Law class while discussing Brandenburg, albeit 
hypothetical.  Texting and twittering allows for immediate receipt of a 
communication via electronic means and can easily include apparent intent and 
specificity.  There is less of a problem in determining the receiver of the 
message than accurately identifying the sender.  Nevertheless, 1) if the 
message delivered does immediately result in the lawless action advocated, and 
2) the sender of the message can be identified, would his/her speech be 
protected under Brandenburg?

Sanford Silverburg

Sanford R. Silverburg, Ph.D
Professor
Department of History and Politics
Catawba College
Salisbury, NC 28144
US
ssil...@catawba.edu
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