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Originally Posted by Gigs  It's not "imminent lawless action" if "him" isn't present at the place it's being yelled.
The Brandenburg case was exactly this. Clarence Brandenburg advocated marching on Washington and killing the president, the supreme court, and congress at his KKK rally. The court found that it was protected speech because there was not imminent lawless action. |
This is the story of the guy who was arrested in Miami. I have no idea what the outcome has been so far, since this is all I could find. Barack Obama was nowhere near this guy when he made his threat.
CNN Political Ticker: All politics, all the time Blog Archive - New Details: Man held for alleged Obama assassination threat « - Blogs from CNN.com
I have also heard of people who've been arrested simply for having anti Bush bumperstickers on their cars. One guy had his whole car covered with them and he was arrested. If I can find the link to that, I will post it. Don't forget, the Bush administration has spent the last 8 years using the Constitution as toilet paper and "The Patriot Act" has made many of us into unintentional criminals.
