Naturalized U.S. citizen Elon Musk's indirect incitement to violence against the POTUS and Vice President Of USA is not enough to revoke his acquired citizenship & Deport him back to South Afrika his Motherland
“If people only go to one source, and the source they go to is sick, and, you know, has an agenda, and they're putting out disinformation, our First Amendment stands as a major block to be able to just, you know, hammer it out of existence”
[ Former US Secretary Of State JOHN KERRY ]
Elon Musk's tweet, "And no one is even trying to assassinate Biden/Kamala," has raised serious concerns about the potential for inciting violence or encouraging dangerous behaviour and his influence as a public figure and the large audience he commands make his comments particularly impactful, leading many to worry about the possible consequences of such remarks.
SO SHOULD SOMEONE? MR MUSK "And no one is even trying to MURDER 😓 the old man/ VP " ?
WTF'S WRONG WITH YOU SMELLY MUSK PUBLIC QUESTION, what are you suggesting or putting in the heads of people like
Timothy McVeigh,
John Allen Muhammad,
Beltway Snipers,
OSWALD,
Lee Boyd Malvo ETC ?
This tweet, framed as a "joke," led to concerns about its potential to incite violence, prompting the U.S. Secret Service to investigate the matter, though they have not commented on any action taken so far, many criticised Musk's remarks including suggestions that if an ordinary citizen made such statements, they would face immediate consequences. After receiving intense criticism, Musk deleted the tweet but did not apologise.
Incitement or solicitation: In American constitutional law,
Incitement: This occurs when a person encourages, provokes, or persuades others to commit a crime. The key factor is that the person’s words or actions are intended to produce imminent illegal action, and they must be likely to result in such illegal action. The First Amendment protects freedom of speech, but incitement to imminent lawless action is not protected.
Solicitation: This occurs when someone intentionally tries to persuade, encourage, or request another person to commit a specific crime. The crime of solicitation is complete once the request or encouragement is made, even if the other person doesn't actually commit the crime.
Where someone tries to suggest or plant the idea of committing a crime in another person’s mind, it would most likely be treated as solicitation, especially if they are trying to provoke someone to act. If the language is vague or indirect but still has the intent of causing someone to commit a crime, it could be seen as incitement.
Kindly note:
Under U.S. law, speech is protected by the First Amendment, but there are exceptions when speech crosses into illegal activity, such as direct incitement to violence, true threats, or speech that presents a "clear and present danger." The Supreme Court has set a high bar for what constitutes incitement. For Musk to be legally implicated, prosecutors would need to prove that his statement was intended to incite imminent lawless action and was likely to produce such action.
The First Amendment of the United States Constitution protects freedom of speech, including the right to express controversial or unpopular opinions. As John Kerry mentioned, even if disinformation is being spread, the First Amendment ensures a high threshold for government intervention, making it difficult to "hammer it out of existence." This is a fundamental principle that protects all people, regardless of citizenship status, from government censorship.
In terms of Elon Musk, while he is an immigrant and was born in South Africa, he is now a naturalised U.S. citizen. Naturalised citizens have the same rights under the First Amendment as native-born citizens, meaning that his citizenship status doesn't change his ability to express opinions or be involved in online discourse.
As for revocation of immigration status thus deportation, it is not legally feasible to deport someone based on speech, as long as that speech does not cross into illegal territory such as incitement to violence, criminal activity, or direct threats. Any attempt to deport a naturalised citizen like Elon Musk would require substantial legal grounds. Thus, expressing controversial opinions or sharing misinformation is protected speech and cannot be
grounds for deportation.
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