Actually yes you will. If you say something that encourages illegal violence then you'll be prosecuted for it. Fighting words are not protected by the first amendment.
He's saying that every Muslim is violent, is going to hell, and that we should burn the Quran and organize against their religion because they're bad people. Even if they have a freedom of speech does this not infringe upon their rights to freely practice their religion without being targeted and persecuted?
No. Our freedom of speech allows you to say as many hateful and illegal violence inducing things you want. You can go and say, "Kill humans" all day long. Its your right to do it. Unless you explicitly plan or commit the murder, you are not legally accountable. ITs a thing called, PEOPLE DONT HAVE TO LISTEN TO YOU.
In -america- You can say anything you want, as long as it does not directly cause someone to die. An example of something not protected. Is yelling fire, causing a stampede, and getting someone killed, or causing property damage. Thats illegal because you directly caused that to happen. Another thing that is illegal is to directly threaten someones life. If you say, "I'm going to kill Muslims" Then that is illegal, but if you say, "I am going to burn their favorite book" Your not committing a crime.
Nothing he is doing illegal. Regardless of if its wrong or not, he isn't breaking the law.
Burning a cross on someones lawn is obviously illegal because its not your property. You can burn crosses on your lawn every single day and its fine. You can also burn whatever book you want. So long as your not burning the person holding the book too. You can also tell people, "IF you dont stop doing something, I will burn a book" And thats not illegal to. ITS JUST A BOOk.
You keep trying to say it's not intimidation when it blatantly is. It has press coverage, it's racist intimidation, provocation. There's certain things that are not protected under free speech, just like cross burning isn't because of the intimidating implications this should be either because he's blatantly attacking an ethnic minority purely based on their religion. America was founded because people wanted the freedom to practice their religion without being persecuted, so why would we allow shit like that now?
And there we go, the racist card played by a black person. I was waiting!. You dont know what racist is. Because Muslims are not a race. They happen to be a religion. Whereas racism deals entirely with race. RACE. Not RELIGION. Hes not being racist. Hes being.... Religionist?.
Let me again clarify what freedom of speech doesnt cover.
(1) Defamation: Defamation consists of a publication of a statement of alleged fact which is false and which harms the reputation of another person. Our right to freedom of expression is restricted when our expressions (whether a spoken slander or written libel) cause harm to the reputation of another person. The courts recognize that words can hurt us, for example, by harming our ability to earn a living (economic harm).
Doesnt apply in this case, because hes burning a book.
(2) Causing panic: The classic example of speech which is not protected by the First Amendment, because it causes panic, is falsely shouting "fire" in a crowded theater. This is narrowly limited to situations in which a reasonable person would know that it was very likely that his or her speech would really cause harm to others. We can imagine works of art which might cause real panic among the audience, perhaps a contemporary version of Orson Welles' War of the Worlds, which caused considerable panic when it first aired on the radio, and in turn was based on H.G. Wells The War of the Worlds.
Clearly, hes inviting people to burn a book, and if he yells fire when the book is fine. I think hes okay?
3) Fighting words: In the famous case of Chaplinsky v. New Hampshire, the U.S. Supreme Court held that the First Amendment does not protect "fighting words -- those which by their very utterance inflict injury or tend to incite an immediate breach of the peace." (315 U.S. 568, 572 [1942]) This famous exception is much discussed in recent decades, but rarely the basis for a decision upholding an abridgement of free speech.
He doesnt say, "I'm going to burn a muslim", or anything at all against someone to cause harm. Therefor, hes not under this category.
(4) Incitement to crime: It is a crime to incite someone else to commit a crime, and such speech is not protected by the First Amendment.
Now, if he said anything about killing muslims, this would be it. But even if it was, its probably not. Due to the fact that rappers and nazi protesters and other people that say to "Kill white people" or "Kill police" and they are fine. This is because a general statement to a group of people isn't usually covered underneath this crime. Usually its directly telling someone else to do a crime, and not speaking to a group.
5) Sedition: Although not without controversy, the U.S. Supreme Court has upheld statutes which prohibit the advocacy of unlawful conduct against the government or the violent overthrow of the government. As with prohibitions discussed earlier, the expressions in question are assessed according to the circumstances. Academic discussion of the theories of, say, Karl Marx presumably would not be prohibited under such a test, especially in this post-Soviet era. The theoretical consideration and even endorsement of these views could not remotely be considered to be reasonable expectations of the actual overthrow of the government. But it is possible that an artist might develop a project, perhaps guerrilla theater or an exhibit, that urged the destruction of the United States (the "Great Satan") by extremist religious groups. The likelihood of success by the latter group would seem as improbable as the likelihood of success by contemporary Marxists.
While this is clearly against the consitution. The government makes the rules, and so this stand. Still. Hes not hating on the government, but on a book.
(6) Obscenity: In Miller v. California (413 U.S. 14 [1973]) the U.S. Supreme Court established a three-pronged test for obscenity prohibitions which would not violate the First Amendment:
(a) whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and © whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.
Doesnt fall upon this one either.
(7) Establishment of Religion: Some speech is restricted because it constitutes the establishment of religion, which is itself prohibited by the First Amendment to the U.S. Constitution. ("Congress shall make no law respecting an establishment of religion.") Prayer led by a principal in a public school would violate the establishment clause. Thus, a school policy prohibiting the principal from leading such prayers would not violate the right of free speech. This is controversial to some, who believe that banning prayer in the public schools limits an equally important right, freedom of religion. This tension illustrates the not-uncommon challenge of balancing competing and perhaps even irreconcilable values in the Constitution.
Er. Hes burning a book? Not creating a new religion.
Now. Feel free to link me a survey that proves your point.
Also, just for the record, America wasn't founded upon religion freedom... That's a nice tagline and all.. but it's inaccurate. America was founded upon the basis of money. Even the puritans who left England for freedom from religious persecution were actually coming to america to build a perfect society of absolute purity for their god... they would shun, publicly humiliate, and even banish/kill people who weren't of their belief systems. In fact, Calvinistic views of pre-determination was really the accepted credo at the time... and people like Roger Williams who tried to dispute it were banished to Rhode Island. It was a long time coming before we began to implement religious tolerance.
Yeah. People dont get that the people who left england, didn't leave so people could do whatever they wanted. They did it so -they- could make the religious rules.