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That's correct - speaking is an action. Nonetheless, the founding fathers decided that speaking is a type of action which should never be restricted, no matter which other properties it may also have.

You may argue for restrictions on the form of speech such as yelling into someone's ear with a megaphone, but that doesn't apply here since ordering someone to kill someone is a matter of content, not form.

Unconstitutional precedent does not become constitutional simply because it's precedent.



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