is there a lawyer in the house?

[barbtries]

i want to know if rush limbaugh's call for rioting at the democratic convention in Denver constitutes a crime. i know what i think (YES), but i would like an answer from an authoritative source. rachel maddow doesn't count; i love her but cannot take her word on this issue as the last word.
thanks

[stellanoir]

1. I'm not a lawyer but technically this should be used as an argument against him but won't

http://www.scoop.co.nz/stories/HL0712/S00247.htm

http://www.scoop.co.nz/stories/HL0712/S00248.htm

[no_hypocrisy]

2. In order to be held legally accountable I believe there has to be an "immediate" or

at least "impending" harmful effect such as a riot after Rush makes his comments. If there is a cooling off period between the speech and the actions, there might be a loophole. On the other hand, if Rush makes an advocation to riot on a continuous basis, and a riot does ensue, he may be held accountable without the protection of the First Amendment right to free speech.

[Somawas]

3. From lawyers.com

Under federal law, a riot is a public disturbance involving an act of violence by one or more persons who are assembled in a group of at least three people. The act of violence must be one that presents a clear and present danger of injury to another person or damage to another person\\\'s property. Threatening to commit a violent act in such a group situation that could injure another person or damage property is also considered a riot if one of the persons in the group has the ability at the time to carry out the threatened violence.
Inciting a riot applies to a person who organizes, encourages, or participates in a riot. It can apply to one who urges or instigates others to riot. It does not apply to someone who merely advocates ideas or expresses beliefs, if those ideas and beliefs do not involve advocating violence.

The federal crime of inciting a riot carries a possible penalty of up to five years in prison a fine.

State and local governments also have laws that make it a crime to incite a riot. The penalties range from fines only to jail time. It is important that the law, even if only a municipal ordinance, specify the conduct that that is prohibited with sufficient definiteness that ordinary people can understand what conduct is prohibited.

If you have been charged with inciting a riot, I recommend you seek out a criminal defense lawyer in your area who can tell you exactly what conduct the law prohibits in your jurisdiction, and advise you as whether the law is subject to a challenge on the grounds that it is unconstitutionally vague--either because it fails to sufficiently set forth what conduct is prohibited, or fails to set minimal guidelines for police to use in enforcing the law.

http://www.lawyers.com/ask_a_lawyer/q_and_a_archive/view_archive/index.php?QID=12-MAY-03&site=537

[barbtries]

4. thank you

my opinion has not changed. the man should be in jail.

[Fireweed247]

5. I have a question too

Would you be willing to volunteer your services to start a class action suite against the Corporate media for lying to US to build a case for war, helping to steal our elections, covering up Bush crimes...

[ColbertWatcher]

6. You should post this as its own thread. n/t

[barbtries]

7. i could be a plaintiff

but i'm not a lawyer. is anyone working on this?

[jmowreader]

8. I don't think it counts this far out

If a week before the convention Pigboy goes down there and eggs us on to the point where we cave his melon head in with a tire iron, and said caving causes the crowd to erupt into a spontaneous riot, then (assuming they can piece him back together--probably not real hard since his brain is in his ass) they can probably charge him with inciting a riot.

Right now? He's just blowing hot air out his ass. Let him be.

Besides, the only way a riot at the DNC would have ANY effect is if Democrats are the rioters...and what Democrat is going to riot because Rush Limbaugh told him to? They might have a riot with Republicans dressed up in Obama and Hillary t-shirts, but very few Democrats carry the Republican Party membership cards and signed pictures of Dubya that these guys will have.