If I'm a visitor to the country and say the same thing having signed an affirmation that I'm not going to advocate for violent overthrow of the US government it's not a first amendment case, it's a lying-on-immigration-forms case and out I do.
If I'm a visitor to the country and say the same thing having signed an affirmation that I'm not going to advocate for violent overthrow of the US government it's not a first amendment case, it's a lying-on-immigration-forms case and out I do.
"Brandenburg was convicted of violating a criminal law that prohibited speech that advocates crime, sabotage, violence, and other similar acts after he spoke at a KKK rally. The Supreme Court found that the law infringed on Brandenburg's First Amendment rights, and created the imminent lawless action test. In order for speech to fall out of First Amendment protection, it must 1) be directed at producing imminent lawless action and 2) it is likely to produce such action."
I think there is an exception for ones made against certain public officials, which IMO are likely unconstitutional, but no one is really excited about challenging those.
That paragraph is not much different from what you'll find from self-described stocastic terrorist LibsofTikTok.
And, you know, I certainly agree that this kind of speech is terrible! But just as the US first amendment has protected, for example, supplying lists of doctors providing women with healthcare, showing crosshairs over them, putting red crosses over ones who have been murdered, and so on, the US has decided over the years that you have to issue very direct threats, or very clear instructions, to be held liable for speech that could incite harm.
Even advocating for violence is constitutionally protected.
A credible threat would, generally consist of specific actions that the person would have means to carry out.