Reference no: EM133684015

Question

The Union of Solid Americans (USA) is a nativist organization dedicated to the eradication of illegal immigration. At a recent rally Gerry Swanson, the self-described "commander-in-chief" of the USA, said, "If I had my way, the fence we built along the border would be electric!" He made references to "fajitas" and "refried beaners" and closed his speech saying that "although I am a law-abiding citizen, the time may come when law-abiding citizens might have to take back our country from the illegals by any means necessary, including deadly force!" Swanson was arrested and charged with violating a state law making it a crime to "advocate the duty, necessity, or propriety of violence as a means for accomplishing political reform." Swanson claimed that his prosecution violated the First Amendment. A reviewing judge should rule for: Group of answer choices The state, because advocacy of violence is not protected by the First Amendment. The state, because his speech posed a clear and present danger of lawless action. Swanson, because his speech was political. Swanson, because his speech did not include a call for imminent illegal acts.