Question
Mary opposed the United States' military operations overseas. She went to a public park and stood on a grassy knoll and began addressing a group
Mary opposed the United States' military operations overseas. She went to a public park and stood on a grassy knoll and began addressing a group of 12-15 people. Mary said, "Let's demand accountability from the government. If members of the administration won't pull our troops out of the Middle East, let's assemble and detonate bombs and plant them outside of all the military bases until the government has to withdraw from Iraq." No one listening responded to Mary's speech but one listener waved in approval.
Mary was arrested under a state statute that prohibited "advocating insurrection against the federal government." Mary claims she has a complete defense in the First Amendment. Is Mary correct?[1]
(Using IRAC, discuss the role of the threat and clear and present danger)
[1]Watts v. U.S., 394 U.S. 705 (1969) (speaker's conditional threat to kill L.B.J. if his "black brothers" go to Vietnam a basis to overturn his conviction).
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