Inciting a Riot

The right to protest is one of the oldest and most-respected rights in the American democratic system. The right of citizens to peacefully protest is protected by our First Amendment rights to free speech. Of course, there are limits to even the most important rights, and the right to protest doesn’t permit violence or the incitement to violence.

18 U.S. Code § 2102 defines a riot public disturbance involving (1) an act or acts of violence by one or more persons part of an assemblage of three or more persons, which act or acts shall constitute a clear and present danger of, or shall result in, damage or injury to the property of any other person or to the person of any other individual or (2) a threat or threats of the commission of an act or acts of violence by one or more persons part of an assemblage of three or more persons having, individually or collectively, the ability of immediate execution of such threat or threats, where the performance of the threatened act or acts of violence would constitute a clear and present danger of, or would result in, damage or injury to the property of any other person or to the person of any other individual.

The federal crime of rioting is punishable by fines, imprisonment for up to five years.

Donald Trump’s words were meant to incite a riot. He should be held criminally liable.