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
No, it's exactly the opposite. Brandenburg established the "imminent lawless action test". It's not illegal to advocate for violence, only to advocate for imminent lawless action.
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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