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The Jan. 6 Committee, Day Six

The Lawfare Podcast

CHAPTER

I Don't Care if They Have Weapons, Let Them In. Let Them In

The issue with how you read brandenburg is that there are very, very few things, or no things, that can get around the first amendment to get you to incitement. And i think where allan and i have diverged the most is on how factuallynon anomalous what we have seen relating to january sixth and to tromp's conduct actually is. We want to know if the test that was articulated in brandenburg and subsequent cases can be fairly mapped on to the thatwe've said,. The biggest thing is all the warnings of violence, the most dramatic being the magnetometer testimony, i don't fin care if they have weapons. They're not here to hurt

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