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Criminalizing negative campaigning

I've got a new piece just up at City Journal in which I examine last week's boomlet of interest around the liberal blogosphere in the notion that by riling up campaign crowds about Obama's links to Bill Ayers, John McCain and (especially) Sarah Palin have engaged in "incitement to violence" of a "borderline criminal" nature that perhaps should even draw the attention of the Secret Service or FBI. (For examples of this boomlet, look among the several hundred occurrences of "Palin + incite" at Technorati between October 7 and 13; I also include a sampling as links in my piece). The article originated in a short post at Point of Law that City Journal asked me to expand into a longer treatment. I must say I find it fascinating that many bloggers, Huffington Post writers, etc. could so casually jettison the hard-won victories of free-speech liberalism, which fought long and hard against "incitement" theories by which criminal penalties might be applied to inflammatory speech. The idea of exposing your opponents to investigation or even arrest because you don't approve of the contents of their speeches doesn't seem like a particularly liberal one to me.

More: Stephen Bainbridge takes note.

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Rafael Mangual
Project Manager,
Legal Policy

Katherine Lazarski
Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.