Mary claims she has a complete defense in the First Amendment. Is Mary correct, why or why not?
Mary opposed the United States' military operations in Iraq. She went to a public park and stood on a grassy knoll and began addressing a group of 12-15 people. Mary started her speech and said, "Let's demand accountability from the government. If members of the administration won't pull our troops out of the Middle East, let's assemble and detonate bombs and plant them outside of all the military bases until the government has to withdraw from Iraq." No one listening responded to Mary's speech but one listener waved in approval. Mary was arrested under a state statute that prohibited "advocating insurrection against the federal government."
What will be an ideal response?
ANSWER: Answers may vary: Mary is correct. To advance the cause of a riot or incite mayhem, more than one person needs to be involved in joining to commit an overt criminal act – which is not present here with one person waving in assent.
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