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You are obviously more up on the details of the relevant laws and court decisions about all this than I am. I am GENERALLY familiar with this argument, and GENERALLY agree with it. The way I read this is that there is a great distinction to be made between expression of a belief or opinion and advocacy or encouragement of an action expression of a belief that someone should be beaten up (protected speech) which is different than an actual endorsement or advocacy of someone beating them up (incitement).

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