Book contents
- Free Speech in the Balance
- Free Speech in the Balance
- Copyright page
- Dedication
- Contents
- Preface
- Acknowledgments
- Part I Theory
- Part II Application
- 5 US Formalism and EU Proportionality Alternative
- 6 Offense, Incitement, True Threats, and Hate Speech
- 7 Terrorist Incitement on the Internet
- 8 First Amendment on Campus
- 9 High Schooler Speech in the Age of the Internet
- 10 On the Campaign Trail
- Conclusion
- Notes
- Index
7 - Terrorist Incitement on the Internet
from Part II - Application
Published online by Cambridge University Press: 06 November 2020
- Free Speech in the Balance
- Free Speech in the Balance
- Copyright page
- Dedication
- Contents
- Preface
- Acknowledgments
- Part I Theory
- Part II Application
- 5 US Formalism and EU Proportionality Alternative
- 6 Offense, Incitement, True Threats, and Hate Speech
- 7 Terrorist Incitement on the Internet
- 8 First Amendment on Campus
- 9 High Schooler Speech in the Age of the Internet
- 10 On the Campaign Trail
- Conclusion
- Notes
- Index
Summary
This chapter applies contextual free speech theory to terrorist incitement, recruitment, and propaganda. It relies on the frameworks of the Supreme Court‘s fighting words, true threats, and material support for foreign terrorist’s doctrines. While political declaration and self-expression are protected by the First Amendment, the same cannot be said of calls to commit political acts of violence. Contrary to an absolutist school of thought from organizations like the American Civil Liberties Union (ACLU), whose counterarguments are reviewed at the end of this chapter, the First Amendment does not prohibit the federal government from punishing communications coordinated with a foreign terrorist group or those under its direct control.
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- Free Speech in the Balance , pp. 99 - 116Publisher: Cambridge University PressPrint publication year: 2020