The petition at petitions.whitehouse.gov, which has over 100,000 signatures, contains a reference to an old free speech case where the state of Ohio took on a Klansman.
Of course, this is purely for political purposes as nothing uttered from the Trump campaign has even came close to what was said by Clarence Brandenburg, a democrat.
Nonetheless, the petition is slightly humorous it’s vapidity.
WE PETITION THE OBAMA ADMINISTRATION TO:
Arrest and prosecute Donald J. Trump for incitement to violence. Legal precedent: Brandenburg v. Ohio.
Donald J. Trump has been inciting violent acts amongst his supporters. He should be arrested and prosecuted for this. Legal precedent: Brandenburg v. Ohio. To wit, the Court held that government cannot punish inflammatory speech.
UNLESS that speech is directed to inciting, and is likely to incite, imminent lawless action.
Clearly, he is doing exactly that.
Published Date: Mar 13, 2016