Question

Testimony at trial disclosed that a defendant charged with inciting a riot had been drinking beer, yelling profanity, and urging a large crowd to interfere with the police, who were trying to keep order at a rock concert. The defendant moved the court to direct the jury to acquit him because he claimed he was only exercising his First Amendment right of free speech. The court would likely _____.

Answer 1

Deny the defendant’s motion on the grounds that there is sufficient evidence to indicate that he/she incited lawless activity and such incitement is not protected under 1st amendment.

See Schenk v. United States - clear and present danger test - speech is not protected when it is used in such circumstances and of such a nature as to create a clear and present danger that they will bring about substantive evils that [the government] has a right to prevent.