Why a Case Against Trump for Inciting Violence Would Be Very Hard to Prove
What Donald Trump says on the campaign trail might be crass, blunt and offensive but does it cross the legal line and make him liable for inciting violence? His critics point to a few examples like when he told a crowd at a February rally: “So if you see somebody getting ready to throw a tomato, knock the crap out of ’em, would you?”
Under the First Amendment, writes Rachel Stockman on LawNews.com, an effort to prosecute a politician on such a charge would be an uphill battle.
“I have little doubt that Trump’s language and general comportment does incite some of his followers to violent behavior, in the way we might use that word in lay English,” First Amendment attorney Floyd Abrams told LawNewz.com. However, legal liability is a different story. Abrams also pointed out that speech must be intentionally done to incite violence.