@cbae:+1, context required.
OK, here's a good piece on why ISIS should have free speech too.
There's no "court" that has jurisdiction over this. Obviously, the servers used by these terrorist organizations don't reside on US soil. Your argument is based on the premise that we need to endow the freedoms of the US Constitution to foreign terrorists organizations in the same we do US citizens.
Easy one first. No, you need to give those freedoms to their business partners who run the data centres. They may well find the material distasteful and voluntarily remove it, that is their choice.
Yes. Because I'm sure you wouldn't have a problem if the idea was that Kim Jong Un should die because he's really mean to everyone else in North Korea. So stop being a hypocrite.
Nope. Speech used to incite people to kill other people is not something free speech is supposed to protect. A line has to be drawn. Sorry.
Of course. It's not like the killers are the ones who should be held responsible for killing people... "If he told you to jump off a cliff would you do it?"
Try putting up a website calling for recruits to assassinate the POTUS. Let's see how long "free speech" protects you from having your house raided. Go ahead.
The law we have/judicial decisions != what is morally and philosophically right. But if you were careful with how you worded and actually got your day in court with a good lawyer (apparently one of the best modern first amendment counsels there is... no idea whether or not he'd represent ISIS types, though) (rather than being the subject of an
extra-judicial executiondrone strike on enemy combatants) I think you'd be in with a fighting chance of being cleared. Again, IANAL.
In fact I think the US declaration if independence, which I posted an excerpt from earlier could be considered an incitement to sedition.
In your example, statements one and two are dissimilar. The first is advocating for a (hateful) change in law - and political speech is overtly protected. The second is advocating violence against a group, which is not, and has never been protected under the law.
But they're not dissimilar. The only reason you would argue number 1 is if you believe number 2. And how can your convince people to support your cause (1) if you can't state your arguments (2)?
On fighting words, according to Wikipedia the (original, broader than is applied today) definition of fighting words is "those that by their very utterance inflict injury or tend to incite an immediate breach of the peace" (emphasis added). If I tell the assembled mob to smash the nearby school in that creates an immediate breach of the peace. If I record a you tube video simply saying that, in general, it is a good thing for schools to be smashed in that doesn't create an immediate breach of the peace, and I don't think you could reasonably argue that it inflicts injury "by its very utterance".
IANAL, that might not reflect they way the courts interpret them but it reflects the literary meaning of the words in question and, I think, the important moral distinction that words are not actions and can only very rarely be considered as such (fraud, true threats, imminent lawlessness, libel/slander come to mind).
It is hateful, but permissible within Freedom of Expression to say, for instance, "This country is going to the dogs, and it is the fault of the Jews". It is not permissible within Freedom of Expression to say "You should bomb a Jewish school - it will make you a martyr and your religion demands it".
I'm going to go ahead and assume we're in US jurisdiction for the purposes of this. IANAL but that quote isn't a threat ("I will blow your school up" would be a threat") and neither does it create a clear and present danger ("Go storm that school now, ye angry assembled mob"). Consider the following three statements:
1) "It should be legal to round up gipsies in the street and kick them."
2) "We should round up gipsies in the street and kick them."
3) "I'll give you a fiver if you round up those gipsies and kick them."
Clearly statement one is protected political speech. By extension statement two must be, because it's the justification for statement one. It's only statement three that should be legally questionable.
EDIT: To answer your post more directly: There is a difference between advocating violence and making a threat. Similarly there is a difference between advocating violence and posing and immediate danger. In both cases the advocation of violence itself shouldn't be illegal.
To give a real world example: In the police thread several people have suggested that if you resist arrest the police should be able to use force against you. That is advocating violence, yet I have no doubt you believe that should not be suppressed.