Odious But Not Illegal

Politics has long been plagued by irrational behavior and hyperbolic, hate laced statements, which have been false, misleading and irresponsible. According to the associated press, the statements made at a campaign rally from the crowd include "traitor," "terrorist," "treason," "liar," and even "off with his head" http://ap.google.com/article/ALeqM5i4OpiwXT-cn2aMmpTpiUVElig0FgD93NT6S02 The question of taste (poor) is not germane to the law and the rights of these folks freedom of speech. However, I would be remiss if I did not state that in my opinion these statements (excluding liar) are in poor taste and terribly irresponsible. The question of law is do they constitute protected speech or do the cross into regulating areas where the government must institute criminal recourse. The applicable standard here is sedition outlined in the case Brandenburg v Ohio where government may not prohibit speech unless there is an incitement that imminently produces a lawless action; a direct call for lawlessness. In this particular context, these statements do not qualify under this standard. They should be challenged and disavowed by McCain campaign but not prosecuted by the government.