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Confusious

(8,317 posts)
1. To encourge others to action
Wed Sep 12, 2012, 01:33 PM
Sep 2012
in·cite/inˈsīt/
Verb:

Encourage or stir up (violent or unlawful behavior).
Urge or persuade (someone) to act in a violent or unlawful way: "he incited loyal subjects to rebellion".


You could not for example, say someone "incited" violence by going into a Jewish neighborhood dressed as a NAZI.

If someone encouraged those same NAZIs to attack Jewish people, that would be incitement.

onenote

(42,814 posts)
2. Legally it is to cause others to engage in criminal behavior that the speaker wants to occur
Wed Sep 12, 2012, 01:39 PM
Sep 2012

It should be distinguished from "fighting words" -- which is speech designed to evoke a violent reaction against the speaker.

Confusious

(8,317 posts)
6. So i have a question, if you're a law person
Wed Sep 12, 2012, 09:23 PM
Sep 2012

Can you be charged with anything if you call someone a name (or taunt someone, something like that), and they react with violence, like punching you?

I've heard you can, and I've heard you can't.

onenote

(42,814 posts)
7. There is a doctrine known as "fighting words":
Wed Sep 12, 2012, 09:43 PM
Sep 2012

In 1942, the Supreme Court upheld the arrest and conviction of a Jehovah's Witness who called a town marshall a "God damned racketeer" and a "damned fascist". The state law prohibited intentionally offensive speech directed at a third person in public. The opinion for a unanimous court stated that:
"There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or "fighting" words those which by their very utterance inflict injury or tend to incite an immediate breach of the peace. It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality."

Over the next several decades, the SCOTUS ratcheted back this pretty broad statement and recognized a greater range of protected, but offensive speech. Thus, for example, flag burning has been found to be protected expression, even though it may be offensive to others. Most recently, while not a "fighting words" case, the court found that the Westboro Church's public "protests" at military funerals was protected speech even though it was outrageous and hurtful since the subject of the speech was on a public issue.

In short, while there is still a "fighting words" doctrine, exactly when it applies is not clear, although its clearly narrower than it was when the doctrine was created.

 

closeupready

(29,503 posts)
5. Certainly. On the other hand,
Wed Sep 12, 2012, 03:05 PM
Sep 2012

if past experience is studied as a means to devising propaganda with an explicitly affirmed goal of provoking violence in a target population/minority group, then that's much closer to "incitement to violence", if not the textbook example.

onenote

(42,814 posts)
8. If this can be regarded as a case of incitement (and I'm not sure it can)
Wed Sep 12, 2012, 09:48 PM
Sep 2012

the guilty part(ies) would be those who translated the trailer into Arabic and posted it on youtube, not necessarily the person who made the film. Their actions would be the proximate cause.

onenote

(42,814 posts)
11. Thanks to you for posing the question
Wed Sep 12, 2012, 10:07 PM
Sep 2012

I had started a thread earlier in the day asking whether the film was (and/or should be)entitled to constitutional protection, but it didn't attract much attention.

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