Not exactly. The Supreme Court has ruled that general hateful statements can be protected, but if a politician says "Democrats/Republicans should be exterminated" in a way that sounds like a real threat or call to action, it can become incitement or a true threat. So the line isn't about the words alone, it's about context and intent.
The standard as decided in Brandenburg v. Ohio is "imminent lawless action". You're correct that context matters; the speech must be tied to an imminent violation of law. This is a very high bar and in practice is very hard to reach.
wslh|6 months ago
jack_h|6 months ago
voidUpdate|6 months ago