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It's interesting that you preceded this little tidbit with examples of four non-ICE being accused of ICE. How many people accused of being ICE actually were ICE? If you're implying that a certain false positive rate is acceptable, at least show that the behavior you're complaining about is above that rate.
The irony of you mentioning "equivocation" further down this thread, as any equivocation—to the extent that it eventually occurred—was initially enabled here when you made this comment and the false equivalence it contains. You discuss ICE and anti-ICE false positive rates as if they're different sides of the same coin, yet:
ICE false positive: ICE was wrong in incorrectly arresting someone.
ICE true positive: ICE was right in correctly arresting someone.
Anti-ICE false positive: They were wrong in harassing someone that had nothing to do with ICE.
Anti-ICE true positive: They were wrong in harassing an ICE officer off-duty or wrong in obstructing an ICE officer on-duty.
There's not a "positive" for which anti-ICE can be in the right. Furthermore, ICE is right X% of the time and wrong (1-X%) of the time, whereas anti-ICE is wrong 100% of the time.
That's simply a value judgment that doesn't get us anywhere. Being anti-ICE is only "wrong" when the activity in furtherance of that position breaks the law. You may not like the fact that people are protesting, recording their activity, or warning the community of their presence, but all of these things are both legal and constitutionally protected.
Is it really constitutionally protected to warn a felon of the presence of the police? Like let's say Alice gets a phone alert that a white murderer who killed three black kids escaped from prison. Alice sides with the murder because she's a white supremacist. Alice later sees several police cruisers on a nearby street. Worried that her favorite convict is nearby and will be returned to prison, she starts blowing a whistle and making a ruckus to help the convict escape.
That is constitutionally protected speech?
There's a review on the history of such speech in section 2(a) of this paper.
Ok, but the standard is Brandenburg and Brandenburg says you can't incite imminent lawless action. Evading the police is lawless action, and alerting criminals to police is inciting them to flee.
In your example Alice isn't inciting lawless action, the murderer is going to try to escape regardless. At best, she's aiding or facilitating it, which isn't squarely covered by Brandenburg.
If you care to read the section aptly titled The Existing Crime-Facilitating Speech Cases is a fairly comprehensive survey of cases on it.
Would you like to specify which case you think matches Alice's example? Because the ones that match most closely take my side, for instance:
and
At most your source is saying there's a complex history of caselaw here and the Supreme Court hasn't ruled on this action specifically.
The very next sentence is
I agree, the caselaw is complex and there isn't a definitive ruling one way or the other. In particular, I don't think Brandenburg is deciding here, it's just an unresolved question.
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