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The Annual “Ask Us Anything” Episode

The Lawfare Podcast

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The Brandenburg Test Is Incredibly Protective of Speech That Has the Effect of Inciting

The first amendment is incredibly protective of speech that has the effect of inciting, even if it's intended to insite. And so i think you've got basically three big problems with a broad conspiracy claim against political leaders. It's honestly not clear that they're not allowed to try to overthrow an election by getting state legislatures to send in different slates of electors or get members of congress to vote not to accept the elections. So those are the reasons to be sceptical. Could they be overcome? Yes, you would have to have substantial new evidence that bore directly on people's specific intents. That is why the testimony of people like mark meadows and steve bannon is actually really

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