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Culture War Roundup for the week of January 26, 2026

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At what point is this no longer just people exercising their first amendment rights?

I think a lot of people misunderstand what First Amendment means. It protects the freedom of speech, but it doesn't mean anything you do with speech is now outside the law. It means you can not be prosecuted just for speaking, but if you speech was part of another crime - fraud, murder, insurrection, conspiracy to obstruct law enforcement, any crime - then you can be punished for that crime, and 1A would not shield you just because your participation used speech as a medium. It's of course more complex, but the point is - you can exercise your 1A rights and still be prosecuted, if conspiring to attack ICE officers is a prosecutable offense. It'd be probably hard to upgrade it to felony murder because the prosecution would have to prove direct causal link between what somebody said and the actions that led to death - which will be very hard to do, since nobody probably told them explicitly "now go and drive over ICE officer that is standing on the corner of This and That!" (though Good's partner, saying "drive baby drive!", could be in legal jeopardy for that, if the feds would want to go after her). But if feds can establish the causal link between something said on the char and some lawless action, like attacking ICE officers, then they have a basis for prosecution. If they find an organizational structure (which is almost certainly there, the question is whether the feds can find the hard evidence for it) then they could also employ RICO which doesn't even require causal links. But Republicans, for whatever reason, have been very reluctant to use RICO against the militant left.