Hypothetical: Jim Jinx is a washed-up rock and roller from the 70s; they sometimes let
him come to the MTV VMA’s for free as grudging homage to his long past career. Truth
be told he was a drunk and a druggie asshole back than; he’s clean and sober now and
host of a syndicated (meaning someone else owns and produces the content, then by
agreement its distributed to various media outlets) national radio show called “Freedom
Rocks!” Jinx typically has on strippers, porn stars, friends who have gone in and out of
rehab, assorted freaks and characters…who create and uneasy mix of guests with
Second Amendment (gun) activists, anti-government (anti Obama) protesters and
various others of that stripe. His primary demo is bifurcated: white males ages 18-24
(though anecdotally it seems he has many ages 13-18), and white married males ages
45-56. From the call-ins and comments on the show companion site and podcasts, its
clear Jinx has a small but fanatical following.
One day he’s on the air talking about the coming “race war” due to events in Ferguson,
Missouri and railing against Attorney General Eric Holder. Here’s a transcript of what he
says:
J. JINX: Let’s send them a message. The first one of you listeners who sends me proof
that you’ve banged the biggest loudmouth black power or white feminist chick, who is
constantly calling you, a law abiding patriot, a scumbag for the rightful actions of our
brave cops, you will win a date in Vegas with our frequent guest and my bestie from
Vivacious Videos XXX, Slippery Susan. 3 days, 2 nights, airfare and meals—yum—
included, at my year-round reserved suite at my bud ‘The Donald’s’ new Vesuvius
Casino & Resort. Send a video, panties, whatever. Preferably against her will or if she’s
knocked out…you get extra point for that . I don’t care whether she’s some bee-yotch in
your homeroom or the school cafeteria, some affirmative action babe at your college
college, some lazy home girl or pig at work, or somebody you stalk on the subway.
Hahahahaha. Surprise me!”
Assuming there isn’t a prior restraint issue, what might be the interplay of these
terms: incitement and clear and present danger? Discuss the terms and name the
cases from which they sprang, what the basis of them are/ “elements” (ie, like the
elements of murder are (1) a dead body—corpus delecti, (2) causation and (3)
intent to kill) and do they basically “merge” today if we want to censor Jinx?
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