Blaming Violence on Free Speech Is a Very Old Trick.

The article focuses on the Trump administration’s response to political violence, specifically its argument that political speech causes such violence and should be punished. It emphasizes the longstanding American legal principle, rooted in the "clear and present danger" test established by Supreme Court Justice Oliver Wendell Holmes and later refined in Brandenburg v. Ohio (1969), which protects political speech unless it is intended and likely to incite imminent lawless action. The article warns against conflating protected political expression with illegal acts, arguing that doing so threatens First Amendment freedoms by enabling government suppression of dissenting ideas. It underscores the importance of maintaining the legal distinction between speech and unlawful conduct to preserve democratic debate.