Joe Biggs, a Proud Boys leader convicted of seditious conspiracy who the government says “served as an instigator and leader” during the Jan. 6 attack on the U.S. Capitol, was sentenced to 17 years in federal prison on Thursday.

It is among the longest sentences in Capitol riot cases. The record is the 18-year sentence given to Oath Keepers founder Stewart Rhodes, also convicted of seditious conspiracy, after prosecutors sought 25 years in federal prison in his case.

  • qprimed@lemmy.ml
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    1 year ago

    “We have to be careful to count speech for what it is and not what it might do”

    — Biggs’ lawyer, Norm Pattis

    got it! gonna find the nearest crowded movie theatre and yell “FIRE!” at the top of my lungs. thanks, norm!

      • chaogomu@kbin.social
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        1 year ago

        It actually isn’t.

        “Shouting fire in a crowded theater” is a popular analogy for speech or actions whose principal purpose is to create panic, and in particular for speech or actions which may for that reason be thought to be outside the scope of free speech protections. The phrase is a paraphrasing of a dictum, or non-binding statement, from Justice Oliver Wendell Holmes, Jr.'s opinion in the United States Supreme Court case Schenck v. United States in 1919, which held that the defendant’s speech in opposition to the draft during World War I was not protected free speech under the First Amendment of the United States Constitution. The case was later partially overturned by Brandenburg v. Ohio in 1969, which limited the scope of banned speech to that which would be directed to and likely to incite imminent lawless action (e.g. a riot).[1]

        The paraphrasing differs from Holmes’s original wording in that it typically does not include the word falsely, while also adding the word “crowded” to describe the theatre.[2]

      • qprimed@lemmy.ml
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        1 year ago

        so is a conspiracy, incitement, etc… we are talking about the freedom of speech vs freedom of concequence from that speech. that is what I take issue with. inciting panic in closed confines has immediate consequences - this is clear and therefore typically prohibited.

        political speech fomenting real-world violence (or panic) should result in the same level of legal consequence when action is taken based on that speech. imho, you can not separate the speech from the act once the act has taken place.

  • Dkarma@lemmy.world
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    1 year ago

    The greatest trick ever pulled was liberal New York city elite trump convincing southern yokels he’s one of them. You can fool some of the people all of the time. They’re called conservatives.

    • hydrospanner@lemmy.world
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      1 year ago

      Trump was perfectly situated to build a coalition of easily manipulated rural blue collar workers who felt (rightly in many cases) that they’ve been abandoned by the Democratic party…wealthy elites who saw one of their own and felt comfortable and confident that he’d protect their interests…and closet racists, bigots, and neo-fascists all across the country who heard his dog whistles loud and clear.

      Combine that with party discipline to fall in behind whoever the party tapped and he ended up with just enough people in just the right locations to snatch the 2016 election.

      Unfortunately for Trump, over the next four years, he failed to deliver much of any value to those rural voters, and failed to inflict enough cruelty for the far right contingent, and was too volatile for comfort for enough of those elites that he couldn’t put together enough of an effort to take 2020.

      While I don’t want to jinx it, I feel like 2016 was an absolute perfect storm for him and he’ll never be able to scrape up the necessary votes in the necessary states to win another presidential election.

  • CharlesDarwin@lemmy.world
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    1 year ago

    Let’s get all the Pink Boys and Oath Breakers into prison. And same for those that planned the coup and goaded them into this.

    Also, I want to get Flynn and his brother and Wray under the microscope, too. What did they know, when did they know it and who were they talking to?

  • ElleChaise@kbin.social
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    1 year ago

    Just a friendly reminder to any shit-birds reading; this is the nicest version of what we will do to traitors. You will not overthrow the government, you will not reinstate a four time impeached Yankee carpet bagger as president, you will not pass go, nor will you collect $200. You will simply rot in prison, again: at best.

    • odelik@lemmy.today
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      1 year ago

      Can we retire this phrase already?

      It’s almost as bad as “first” from the days of message boards.

  • AutoTL;DR@lemmings.worldB
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    1 year ago

    This is the best summary I could come up with:


    The record is the 18-year sentence given to Oath Keepers founder Stewart Rhodes, also convicted of seditious conspiracy, after prosecutors sought 25 years in federal prison in his case.

    The government sought 33 years for Biggs, an Army veteran who sustained a head injury in Iraq and then served as a correspondent for the conspiracy website Infowars.

    Prosecutors argued that he was a “vocal leader and influential proponent of the group’s shift toward political violence” and used his “outsized public profile” and his military experience as he “led a revolt against the government in an effort to stop the peaceful transfer of power.”

    He ruled earlier in Thursday’s hearing that Biggs’ tearing down of a fence that stood between police and rioters qualified him for a terrorism sentencing enhancement sought by prosecutors.

    The other Proud Boys will also be sentenced in the coming days: Rehl on Thursday afternoon, Pezzola and Nordean on Friday and Tarrio on Tuesday.

    The actions of the Proud Boys on Jan. 6 were “quintessential pollical behavior” up until the riot turned violent, Pattis said, arguing that prosecutors had used his client’s political speech as evidence of criminal intent.


    The original article contains 787 words, the summary contains 192 words. Saved 76%. I’m a bot and I’m open source!

  • Bramble Dog@infosec.pub
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    1 year ago

    Just a reminder: on the day tweets were claiming the gallow was brought into DC by one of the vehicles in Alex Jones’ motorcade.

    We need to be clear here: Mike Pence was going to be assassinated on January 6th.