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Re:Gab has been hacked and 70GB of data leaked by smt88 on Tuesday March 02, 2021 @02:53AM (#26312931)
By this logic, we shouldn't make or enforce laws because someday, someone can pass a law against harmless behavior.

Regulation, moderation, and law enforcement are always a balancing act. We can't just say that balance is an impossible dream, so let's just give up.

Re:Gab has been hacked and 70GB of data leaked by paganel on Tuesday March 02, 2021 @03:10AM (#26313026)
> By this logic, we shouldn't make or enforce laws because someday, someone can pass a law against harmless behavior.

In a so-called liberal state we shouldn't send people behind bars for political reasons, not even fascists. Sending the people that protested at the Capitol behind bars is being done as a result of politics.

Re:Gab has been hacked and 70GB of data leaked by totalZero on Tuesday March 02, 2021 @04:32AM (#26313481)
You are forgetting the word "purely." If some fascist incites people to riot and innocent police officers get killed (hypothetical example), then there are strong political reasons to put the perpetrators behind bars for their crimes. Law and order is a political issue. Protection of institutions is a political issue.

The First Amendment doesn't say you can incite a riot as long as it is a political riot. That a crime is politically motivated (or politically impactful) does not somehow absolve the perpetrator.

Re:Gab has been hacked and 70GB of data leaked by marknutter on Tuesday March 02, 2021 @04:40PM (#26321247)
Do you understand how high the bar is for a conviction in an incitement case?
Re:Gab has been hacked and 70GB of data leaked by totalZero on Wednesday March 03, 2021 @12:50AM (#26325234)
Surely you don't believe that the only politically motivated crimes are cases of incitement...yet I think you're a bit off track anyway, for a different reason.

> In a so-called liberal state we shouldn't send people behind bars for political reasons, not even fascists

Note the "shouldn't" -- even if your point were valid, it's moot because this is a conversation about "should" not "do."

Gitlow v. New York upheld conviction based on a loose interpretation of "clear and present danger," and later Feiner v. New York held that the police can take action against speech when there is a clear and present danger. But again, none of that matters because we're not debating legal theory, nor implementation of law.

Are you suggesting that we should pardon all criminals who are motivated in part or in whole by political reasons?

Re:Gab has been hacked and 70GB of data leaked by smt88 on Tuesday March 02, 2021 @08:01AM (#26314837)
Please provide an example of someone who was sent to jail for protesting (and only protesting) at the Capitol on Jan 6.

They must not have committed any of the following crimes: calling for violence, assaulting another person, or destroying public property.

My girlfriend had at least 3 family members there who went, marched, and went home. None of them were tracked or charged with a crime.

Re:Gab has been hacked and 70GB of data leaked by timsayshey on Tuesday March 02, 2021 @08:44AM (#26315205)
Re:Gab has been hacked and 70GB of data leaked by smt88 on Tuesday March 02, 2021 @10:22AM (#26316188)
You're right, and that is an abuse of technology.

Still waiting for an example of someone being charged and convicted for peaceful protest.