Re:Suspects can refuse to provide phone passcodes to police,...
by u32480932048 on Friday December 15, 2023 @11:32PM
(#38661740)
This assumes you even have the right to a jury, or that you've even been charged with anything, or that you have the right to know what the charges are if they have been filed.
https://www.aclu.org/issues/national-security/detention/inde...
The Brandenburg v. Ohio (1969) Supreme Court case allows for criminalizing speech only if the speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action" [1]. "imminent" means that there has to be a near-future, clear time window. "I will kill X president within 3 days" could be illegal. "I will kill X president within a year" is too vague. Regardless, either one could be interpreted as evidence of criminal intent to harm the president. (If you were only joking about killing the president and the jury believes you, then you're fine.)
[1] https://en.wikipedia.org/wiki/Brandenburg_v._Ohio