I’m seeing a lot of these takes so here is a short, oversimplified explanation.

1/5
Two points.

1. I do not protect actual rioting.

2. Today’s decision about Florida’s anti-riot law does not say you have the right to riot.

2/5
The court said that the Florida law defined “riot” in an overly broad way that criminalized protected speech (i.e., speech that is not rioting). The government can’t punish protected speech simply by calling it “rioting.”

3/5
Such an overly broad law chills protected speech and allows the government to criminalize dissent, which violates me.

4/5
But, no, a federal court did not say that you have a First Amendment right to engage in a riot. You’d think I wouldn’t have to say that, but I refer you to the screenshots in my first tweet.

5/5

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More from @USConst_Amend_I

12 Aug
Am I a law professor now?
For background on Schenck and the fire in a crowded theater phrase:

Read 5 tweets
12 Aug
Yes, this California bill would violate me.
Preventing harassment, true threats, etc. can be fine, but not when you define it like this
Read 4 tweets
17 Jul
The federal government should not be working with anyone to censor speech. I protect Facebook’s right to control the speech on its site.
But does the government flagging posts on Facebook violate me? A few points:

First, I protect you from the government, not from Facebook. Facebook removing posts on its own does not violate me. There needs to be government action to implicate me.
Second, the government is allowed to engage in its own speech. It can express a certain viewpoint and doing so does not violate me. So the government “getting factual information out there” etc. does not violate me.

mtsu.edu/first-amendmen…
Read 7 tweets
25 May
I limit state and local governments.

A short thread...
Yes, my text limits only Congress, not state and local governments—“Congress shall make no law...” Image
And in 1833 the Supreme Court said the Bill of Rights did not apply to the state and local governments.

mtsu.edu/first-amendmen…
Read 8 tweets

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