How do you refute this?

>>137506862
Nope. Making a salute and holding a flag are not "effectively" making threats nor incitement

I hate the taste of beer.

>>137506862
But it's OK to burn and stomp on the American flag.

So we oppose commies too right?

>>137506862
I cant

it's bullshit. The incitement standard is clearly laid out in Brandenburg and clarified in Hess and it comes nowhere near defining incitement as waving a flag, or even giving a speech that calls for the extermination of a race, or even speech that calls for the overthrow of the government. Imminent lawless action is the current test, and for very good reason. If you're arguing with liberals remind them that subjective interpretations of symbols to decide what is and is not a call for violence would give justice departments huge control over what they can throw you in jail for and the current justice department is headed by Jeff fucking Sessions.

>>137506862
https://en.wikipedia.org/wiki/Brandenburg_v._Ohio

>Brandenburg v. Ohio, 395 U.S. 444 (1969), was a landmark United States Supreme Court case based on the First Amendment to the U.S. Constitution. The Court held that government cannot punish inflammatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action." Specifically, it struck down Ohio's criminal syndicalism statute, because that statute broadly prohibited the mere advocacy of violence.

>>137506862
OP IS A MASSIVE FAGGOT. PLS DONT BUMP

>>137506862
BlackLivesMatter and Antifa have been doing the exact same shit and none of these faggots piped up.