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16 Drexel L. Rev. 249 (2024)
Ending the Right's Reign of Stochastic Terror: Replacing Brandenburg to Modernize the First Amendment

handle is hein.journals/drexel16 and id is 246 raw text is: DREXEL LAW REVIEW THOMAS R. KLINE SCHOOL OF LAW VOLUME 16 2024 ISSUE 1 NOTE ENDING THE RIGHT'S REIGN OF STOCHASTIC TERROR: REPLACING BRANDENBURG TO MODERNIZE THE FIRST AMENDMENT Liam Pagan* ABSTRACT Political debate in the United States has entered a dangerous era beyond mere hyper-partisanship. Often, political commentary pre- sented by some of the most watched conservative news networks is not political commentary at all, but vilification of political targets. This vilification often results in stochastic terrorism -a phenomenon that occurs when speakers with large audiences engage in frequent rhetor- ical attacks against political opposition, eventually inciting an ideo- logically aligned individual to take unpredictable, often violent action. Stochastic terrorism is an expedient form of dealing with political op- ponents because, due to First Amendment incitement jurisprudence, speakers who say inciteful things remain legally insulated from ac- countability for the result. To discourage and stifle the use of stochastic terrorism in political discourse, there must be accountability for demagogues who incite vi- olence against political targets. Impeding the road to accountability is * J.D. Candidate, 2024, Drexel University Thomas R. Kline School of Law. I want to ex- press my sincerest gratitude to Saba Abbasi and David S. Cohen for their guidance and feed- back throughout my writing process. I want to extend a special thanks to Emily Palladinetti for her mentorship throughout my time on Drexel Law Review. Lastly, I thank my family and friends for their endless support. 249

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