# Free speech question: Advocating lawbreaking

**URL:** <https://boards.straightdope.com/t/free-speech-question-advocating-lawbreaking/799401>\
**Category:** Factual Questions\
**Created:** [October 21, 2017, 1:18am UTC](https://boards.straightdope.com/t/free-speech-question-advocating-lawbreaking/799401 "2017-10-21T01:18:07Z")\
**Posts on this page:** 3\
**Page:** 1

<div class="post-metadata">

**Author:** ![Xema](https://avatars.discourse-cdn.com/v4/letter/x/9de053/32.png) [@Xema](https://boards.straightdope.com/u/Xema)\
**Post date:** [October 21, 2017, 1:18am UTC](https://boards.straightdope.com/t/free-speech-question-advocating-lawbreaking/799401/1 "2017-10-21T01:18:07Z")

</div>

Is speech that advocates violating laws protected under the 1st Amendment?

IOW, can a person be silenced/punished for saying such things as:  
“Drive at 70mph in this 55mph zone - everyone does”  
“If you’re hungry, steal food from WalMart”  
“Carry a baseball bat and use it to club anyone displaying a banner saying [whatever]”  
“Kill those who profess allegiance to [whatever]”

Assume these statements are made publicly, but more or less calmly (i.e. not to an enraged mob).

---

<div class="post-metadata">

**Author:** ![SamuelA](https://avatars.discourse-cdn.com/v4/letter/s/c77e96/32.png) [@SamuelA](https://boards.straightdope.com/u/SamuelA)\
**Post date:** [October 21, 2017, 1:40am UTC](https://boards.straightdope.com/t/free-speech-question-advocating-lawbreaking/799401/2 "2017-10-21T01:40:24Z")

</div>

They covered this in middle school. It’s ok to say if it’s not

a. Advocating for _imminent_ lawbreaking. Add “NOW!” to any of those, and it’s a crime.

b. It isn’t part of actually preparing for a crime. This is a loose definition. Say you and your buddies are like “we should rob a bank”. So far, probably legal. Saying “alright, I’m in” is grey area. Going to the hardware store and coming back with ski masks, even if the robbery plan never goes any further, would be committing a crime. (“conspiracy to commit”).

Fortunately, usually your ‘buddies’ will be told by their FBI handlers to trick you into doing more than just buying some ski masks.

---

<div class="post-metadata">

**Author:** ![crowmanyclouds](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/crowmanyclouds/32/19884_2.png) [@crowmanyclouds](https://boards.straightdope.com/u/crowmanyclouds)\
**Post date:** [October 21, 2017, 1:47am UTC](https://boards.straightdope.com/t/free-speech-question-advocating-lawbreaking/799401/3 "2017-10-21T01:47:04Z")

</div>

Start here, [_Schenck v. United States_](https://en.wikipedia.org/wiki/Schenck_v._United_States).

CMC fnord!