A Chant of "Death to America" IS a HATE CRIME under US Laws

In the United States, hate speech like "Death to America" meets the criteria that justify limitations on free speech as per the landmark case of Brandenburg v. Ohio (1969) in my view.

 

As it is a direct call to violence against Americans, to nationality, race, religion, ethnicity, sexual orientation, gender identity, or other protected characteristics. Thus, it can and must be prosecuted under laws prohibiting incitement to violence and hate speech.

 

Individuals in America who chant this hate slogan must be prosecuted for hate speech including speech that incites violence or poses a direct threat to public safety.

 

Incitement to Violence: The U.S. Supreme Court has held that speech which directly incites lawless action or poses a clear and present danger of such action is not protected by the First Amendment. This principle comes from the landmark case of Brandenburg v. Ohio (1969). If chanting "Death to America" is interpreted as a direct call to violence against Americans, it must be prosecuted under laws prohibiting incitement to violence.

 

True Threats: Under U.S. law, "true threats" are not protected speech. A true threat is a statement that a reasonable person would interpret as a serious expression of an intent to cause harm or violence. If chanting "Death to America" is interpreted as a true threat against Americans, it must be prosecuted under laws prohibiting threats.

 

Hate Crime Laws: Hate crimes involving acts calling for violence or threats i.e. death to America which is motivated by bias or prejudice must be prosecuted under federal or state hate crime laws. These laws typically enhance penalties for criminal acts committed because of the victim's race, religion, ethnicity, nationality, sexual orientation, gender identity, or other protected characteristics.

 

State Laws: Some states have specific laws that criminalize certain types of hate speech or provide enhanced penalties for hate-motivated crimes. These laws vary by state and may define hate speech or hate crimes differently. For example, some states have laws specifically addressing hate speech directed at schools or certain groups.

 

Harassment Laws: Depending on the circumstances, chanting "Death to America" constitutes targeted harassment or intimidation against individuals or groups that must be prosecuted under harassment laws.

 

 Facts of the case - Brandenburg v. Ohio (1969) 

Brandenburg, a leader in the Ku Klux Klan, made a speech at a Klan rally and was later convicted under an Ohio criminal syndicalism law. The law made it illegal to advocate "crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform," as well as assembling "with any society, group, or assemblage of persons formed to teach or advocate the doctrines of criminal syndicalism."

Question

Did Ohio's criminal syndicalism law, prohibiting public speech that advocates various illegal activities, violate Brandenburg's right to free speech as protected by the First and Fourteenth Amendments?

Conclusion

The Court's Per Curiam opinion held that the Ohio law violated Brandenburg's right to free speech. The Court used a two-pronged test to evaluate speech acts: (1) speech can be prohibited if it is "directed at inciting or producing imminent lawless action" and (2) it is "likely to incite or produce such action." The Criminal Syndicalism Act made illegal the advocacy and teaching of doctrines while ignoring whether or not that advocacy and teaching would actually incite imminent lawless action. The failure to make this distinction rendered the law overly broad and in violation of the Constitution.

https://www.oyez.org/cases/1968/492