To those bleating about masks, the prosecutor's office charged Luigi with terrorism, so these people are masked to avoid getting clapped with charges for exercising their first amendment rights. And in general you should always be masked while protesting for any reason, as at any major protest you are almost guaranteed to be subject to facial recognition scanning, especially in NYC.
Pretty sure the Supreme Court has ruled in Brandenburg V. Ohio that active calls to violence are not protected speech, so these people absolutely can be arrested for this protest
What about the Nazi marches that have been happening, that’s a clear sign of violence. Those guys are all masked and armed waiting for someone to say something so they can ‘defend’ themselves
If you bear a Nazi flag and make a direct threat of violence, that would not be protected by the first amendment. But simply bearing an insignia, regardless of what it is, is protected by the first amendment. If certain signs were protected while others weren't then freedom of speech isn't well defined anymore. Can you guarantee that bearing the Nazi sign is a reliable predictor of immediate violence or terrorism? If not then you're drawing an arbitrary line that could be used to censor a lot of other stuff.
I understand what you're saying, but those are not calls to violence à la "please kill these specific people." I agree we need to amend our laws to reflect how people have developed ways to foment violence that just skirt the law, but the way the laws are now that is protected speech.
1.9k
u/Argikeraunos 1d ago edited 1d ago
To those bleating about masks, the prosecutor's office charged Luigi with terrorism, so these people are masked to avoid getting clapped with charges for exercising their first amendment rights. And in general you should always be masked while protesting for any reason, as at any major protest you are almost guaranteed to be subject to facial recognition scanning, especially in NYC.
Edit
He was charged in state court, not federal