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I think it would be difficult to draft legislation, precisely because of the random element in 'stochastic'. For instance, if a Catholic cleric rails against abortion, and then a loan wolf kills an abortion clinic worker.  Could you prosecute?

Most countries have incitement to hatred legislation, and broadcasting authorities which set a higher standard for TV and radio stations. That could be the model.  After all, access to the public airways is a privilege.  Freedom of speech doesn't give any one organisation the exclusive right to a broadcast frequency.

The withdrawal of a licence to broadcast would also be a civil matter, and so the burden of proof much lower than in a criminal trial.

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by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Sun Jun 19th, 2016 at 06:10:48 PM EST
[ Parent ]
Excellent. I obviously had hit 'post' in mid thought. But that was what I had in mind. While it might not be possible to prosecute individuals, if it can become prohibitive for any media to repeat what was said that can be effective. FB, for instance, would not let its brand be threatened. A defense would be that there is little or no evidence that the speech in question has incited any violence. And when certain speech has been shown to have been a factor in two or more incidents then that speech would become a known factor which must not be allowed to be spread by media.

As the Dutch said while fighting the Spanish: "It is not necessary to have hope in order to persevere." (But it helps!)
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Sun Jun 19th, 2016 at 10:31:24 PM EST
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