Not only has the jihad attack in Garland, Texas at the Muhammad Art event demonstrated that Islam is not a religion of peace, but it has also demonstrated that the surveillance state that the federal government has illegally imposed upon the American people to allegedly combat these jihadists does not work.
“The Supreme Court has ruled unambiguously that deliberate provocation is protected speech,” Napolitano said. “It is the duty of the government to be aware of the deliberate provocation, the likely danger of the provocation and to protect the speaker, not to punish the speaker.”
“These cases come about where the government seeks to punish the speaker for provoking a crowd that trashes the place,” he added. Napolitano referenced a 1949 Chicago case (Terminiello v. Chicago), in which the speaker’s conviction was overturned.
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