Jill Wine-Banks

@JillWineBanks ↗

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Last Checked Sept. 6, 2021

Created

Mon Jan 18 01:19:19 +0000 2021

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1,212

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Jill Wine-Banks @JillWineBanks

2/his incendiary lies about election fraud for months before caused the violence & a reasonable person wld know that those words wld lead to imminent danger of violence. The statute in Brandenburg was defective because it punished speech without any likelihood of imminent danger. — PolitiTweet.org

Posted Jan. 18, 2021 Hibernated

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Jill Wine-Banks @JillWineBanks

1/A guest on @AliciaMenendez #MSNBC argued that Brandenburg case would let Trump avoid sedition charge bec he didn't say "Hang Pence, Break In." I disagree &, as a prosecutor, am sure a jury would convict and SCOTUS would uphold the conviction bec Trump's words on Jan 6 and — PolitiTweet.org

Posted Jan. 18, 2021 Hibernated

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Jill Wine-Banks @JillWineBanks

3/Here, the law punishes causing violence and sedition, not pure speech and 1st A excepts such speech from its protection. This is not legalistic sophistry. It is essential to protect speech but not a call to violence that is reasonably foreseeable. Trump knew his audience. — PolitiTweet.org

Posted Jan. 18, 2021 Hibernated