Can Trump be Charged With Inciting a Riot? Legal Bar Set by 1969 Ruling that Overturned Conviction of KKK Leader

The legal issue is whether Trump or any of the speakers at Wednesday's rally near the White House that preceded the assault on the Capitol incited violence and whether they knew their words would have that effect. That's the standard the Supreme Court laid out in its 1969 decision in Brandenburg v. Ohio, which overturned the conviction of a Ku Klux Klan leader.

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