Can the Government Restrict Incitement Content on Social Media?
By Samuel Naramore
In November 2023, a District Court Judge in Colorado held that former President Trump had used his social media between 2020 and 2023 to incite lawless action.[1] With the 2024 election cycle looming, this judge’s ruling is incredibly timely. As social media’s attention turns towards the political discourse, the passion around contentious topics and groups will likely increase. It is critically important to understand what incitement to lawless action on social media is, to prevent future acts of political lawlessness like those on January 6, 2021.