Courts Blur Line Between Violent Speech and Crime

Create a pro-Islamic State music video and post it on a known IS website and you could find yourself convicted of a crime, material support for terrorism. But according to a federal appellate decision issued last week, a music video featuring guns and violence can’t be considered in criminal sentencing or else it would violate your free-speech rights.

What’s the difference between cultural advocacy of terror and cultural glorification of violence? The legal answer lies in the arcana of material support for terrorism as interpreted by the Supreme Court. But the deeper answer lies in our fractured thinking about the First Amendment. When it comes to contemporary gun violence, we distinguish action from artistic ideas. But when it comes to terrorism, we blur the differences -- for better or worse.