RE: Imminence and Texting

[Volokh, Eugene]

        I'd think that if the message is intended to spur imminent lawless 
action -- say, a tweet to a dispersed group of protesters urging them to start 
throwing rocks at police -- and is likely to spur such action, it would be 
unprotected under Brandenburg.  Twittering is really no different here from 
in-person speech of the classic speech-in-front-of-the-corn-dealer's-home 
variety.  Nor is it necessary that imminent lawless action actually occur, so 
long as it was intended and likely.  

        Eugene

> -----Original Message-----
> From: conlawprof-boun...@lists.ucla.edu [mailto:conlawprof-
> boun...@lists.ucla.edu] On Behalf Of Silverburg, Sanford R
> Sent: Wednesday, February 03, 2010 8:59 AM
> To: conlawprof@lists.ucla.edu
> Subject: Imminence and Texting
> 
> 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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