Reply #203: The thing is some speech IS Illegal [View All]

And calling for the prosecution of such speech is not against the principles of the 1st amendment. And investigation has yielded in the case of Turner enough evidence to prove a prima facia case that is set to be tried. The tail is nothing but the presentation of evidence for the prosecution and the defense. Ultimately the legal process will end with a jury deciding if the state has proved beyond a reasonable doubt if he is guilty of inciting violence. It is a HIGH bar for speech but the bar is important. No one can be allowed to, for instance, call for an assassination of the President to millions of listeners or viewers and then be allowed to hide behind the first amendment.

In the case of Bill O'Reilly as of now there is a reason to at least investigate if there is a legally prosecutable link between O'Reilly's speech and the murder of Dr. Tiller. Maybe there isn't. But the first amendment does not and should not protect the targeting of ANY person for extra-legal violence and or illegal harassment.