Source: Foundation for Individual Rights and Expression
by Jacob Gaba
“Throughout American history, especially during times of civil unrest, the government used the power of the state to criminalize what it perceived as advocacy of violence. For example, in 1927, the Supreme Court upheld Charlotte Whitney’s conviction for joining a socialist convention that advocated the overthrow of the government (Whitney v. California). The Court reasoned that advocating violence could present ‘danger to the public peace and security,’ and that the exercise of the state’s police powers therefore carries ‘great weight’ in such instances. Similarly, Attorney General Pam Bondi recently suggested the federal government might bring ‘incitement’ prosecutions of people who celebrate Charlie Kirk’s assassination. As the potential for political violence increases, what prevents the government from taking us back to 1927?” (09/19/25)