OMNIBUS MOTION Sample Clauses

OMNIBUS MOTION. The court correctly denied the motion to dismiss the inciting riot charge. The issue is whether Xxxxx’ s words were protected speech under the First Amendment of the Constitution. The First Amendment right to free speech does not protect certain categories of speech. Included within the exceptions to protected forms of speech are words of incitement or fighting words. In this case Xxxxx chanted to her fellow marchers, "Let’ s go. We have the right to march on the State capitol. Fight the cops if you have to." The latter statement concerning fighting the cops if necessary are words of incitement that are unprotected speech. Fighting words that lead to a breach of the peace, in this case riot, in the form of throwing rocks and bottles at the police, will not be protected by the First Amendment’ s free speech clause. The court correctly denied the omnibus motion to dismiss the inciting riot charge as the words by Xxxxx urged the marchers to breach of the peace and riot.
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