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Virginia v. Richard. In a recent rally in Charlottesville, Virginia, white nationalist leader Spencer Richard stood outside a crowded synagogue during Friday evening services, leading

Virginia v. Richard. In a recent rally in Charlottesville, Virginia, white nationalist leader Spencer Richard stood outside a crowded synagogue during Friday evening services, leading a crowd of torch-wielding supporters in angry chants of "Jews will not replace us!" Richard's remarks culminated in a loud cry of "Burn it down!" At just this moment, the SWAT team arrived arresting Richards and several of his followers for disturbing the peace and inciting a riot. When local prosecutors filed formal charges, Richard's attorneys moved to have the case dismissed on the grounds that Richard's speech was protected by the First Amendment. Is this motion likely to succeed?Is this an easy case or a hard case? Question 1 options: Easy case, because hate speech is never protected by the First Amendment. Easy case, because this clearly meets the test set out in Brandenburg. Hard case, because hate speech is occasionally protected by the First Amendment, but the question is always close. Hard case, because the SWAT team had not been present for most of the evening

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