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Criminal Speech: Inducement and the First Amendment

The First Amendment provides that Congress shall make no law abridging the freedom of speech, press, or assembly.2 However, these "freedoms are themselves dependent upon the power of a constitutional government to survive," and if the government is to survive, "it must have the power to protect itself against unlawful conduct and, under some circumstances, against incitements to commit unlawful acts."3 The law recognizes that certain public dangers must be curtailed before they are realized or even imminent. Accordingly, early intervention and disruption of potential criminal activity at the stage of planning, organizing, and preparing are central components of law enforcement strategies ...

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