Lagayascienza wrote: ↑December 5th, 2024, 5:50 am
...who can say that anyone expresses any opinion with the intention of inciting anything? We are not mind readers.
...A legal doctrine based on that idea would have no teeth at all. How would you give it teeth and police it?
Maybe in the same way that you police the law against attempted murder, or other crimes of intent ? If you point a loaded gun at me and pull the trigger but the bullet misses me, then it seems like the police's lack of mind-reading skills are no great impediment to a charge of attempted murder.
In dealing with speech, is it really so hard to distinguish a descriptive statement about the state of the world as you perceive it, from an imperative statement that tells someone to go and do something about it ?
So it seems that you exaggerate the difficulty.
There is always some difficulty in proving beyond reasonable doubt what you suspect to be true. Our system is supposed to work on the basis that it is better for ten guilty people to get away with crime than for one innocent person to be punished.
If you seek to "protect" people from the wrong of public incitement of crimes against them, but do it by criminalizing those who are innocent of intent to incite such crime, then you are setting up a system that takes away the rights of the innocent in order to have a better chance of prosecuting the guilty.
"Opinions are fiercest.. ..when the evidence to support or refute them is weakest" - Druin Burch