During an anti-globalization protest in Washington, D.C., pa…
During an anti-globalization protest in Washington, D.C., participants heard from a variety of speakers who denounced globalization in general and multinational corporations in particular. One speaker, David, pointed toward a McDonald’s across the street from the park in which the protest was being held, called for “regime change in McDonald-land,” and led the crowd in the following chant: “McDonald’s is for clowns. We oughta burn it down.” David then relinquished the microphone and left the stage without incident. The following week, the McDonald’s was put to the torch by unknown persons. David is charged with violating a local law against inciting someone to damage the property of others. He is convicted. On appeal, David argues that his speech was protected by the First Amendment. The appeals court should:
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