Several protesters were arrested and charged with inciting a riot; the protesters say they were merely exercising their First Amendment freedom of speech rights to criticize the verdict? Who will win, the government or the protesters?
At the end of a racially-tense criminal case where a white man was charged with raping an African-American teenager, several people gathered on the street corner outside and began to chant, "No justice, no peace." When the verdict of acquittal was announced to the public, the chant changed to "Let's burn this courthouse down!"
What will be an ideal response?
ANSWER: Answers may vary: The difference between a peaceable assembly, an unlawful assembly and a riot is whether or not incendiary speech incites lawless, violent and destructive behavior. By their speech, the protestors may have possessed the intent to cause damage, but since they took no actions toward achieving their unlawful goal, actus reus is missing and their angry chants may be protected speech.
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