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[–] 6 points 2 years ago (1 child)

I assume you are right, but has anyone actually tried it?

*goes to check wikipedia*

In Brandenburg v. Ohio (1969), even speech such as "Bury the removeds" and "Send the Jews back to Israel," was held to be protected speech under the First Amendment in a per curiam decision.

https://en.wikipedia.org/wiki/Fighting_words

Oh. I guess I was right to assume that you were right in saying that it's not a viable defense to things like that. Ugh. Depressing. I was so hoping to be wrong in assuming you're right.

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