After Grand Jury Decision, Michael Brown?s Stepfather Urged Ferguson Protesters to ?Burn This B? Down? | KTLA

 

St. Louis Alderman Antonio French told CNN Tuesday that he was nearby when Head made the statements.

 

“I think he was expressing a sentiment that a lot of folks in that crowd felt and when he said those words, the mood did change and things got a little bit out of control,” French said. “There is such anger and emotion around this case.”

I don't think there is anyway he actually gets charged under the circumstances...but should he be charged?

Anyone that riots and/or encourages others to riot should be prosecuted to the full extent of the law.

There was a KKK case that the Supreme Court ruled on that was similar to this Free Speech issue. I can't remember the holding. I will get it tomorrow.

Yes I think he should be. I understand his frustration with the decision but to yell repeatedly from a platform to "burn this [place] down" is not appropriate. There was a large crowd that heard him and we all know what happened next.

Are the words enough? How does the state prove his words caused people to take action?

Are the words enough? How does the state prove his words caused people to take action?

 

Not sure of the timeline. If his words were before all the buildings in Ferguson were burned, he is guilty of inciting a riot.

Not sure of the timeline. If his words were before all the buildings in Ferguson were burned, he is guilty of inciting a riot.

 

My guess it's not that simple.

While I think that his actions could make him guilty of inciting a riot, I'm not sure that had he been silent that things would have gone any differently.

Not sure of the timeline. If his words were before all the buildings in Ferguson were burned, he is guilty of inciting a riot.

 

 

Far from it.

There was a KKK case that the Supreme Court ruled on that was similar to this Free Speech issue. I can't remember the holding. I will get it tomorrow.

 

 

Is it related to clear and present danger? It's late and I don't normally work with the Con Law side of stuff on freedom of speech, so I may be foggy.

 

Also, is Brandenburg the case you are thinking of?

Are the words enough? How does the state prove his words caused people to take action?

 

Kentucky Revised Statute

 

525.040 Inciting to riot.

(1) A person is guilty of inciting to riot when he incites or urges five (5) or more

persons to create or engage in a riot.

(2) Inciting to riot is a Class A misdemeanor.

 

I put Kentucky's law in there just because I'm somewhat familiar with it and knew where to find it. Not sure how much it varies from state to state

duplicate.

Unless somebody says "I rioted because Michael Brown's step dad told me to," I don't see any way for him to be charged. It is pure speculation and/or opinion that what happened in Ferguson was because of what he said. Those events were going to happen regardless. Of everything that happened in Ferguson, ALL of that was because of what he said? Nah... Not buying it.

NO!