Concerns Over Free Speech and Recent Attacks

On Wednesday, renowned attorney Alan Dershowitz expressed that the recent assaults on Jewish individuals could influence the Supreme Court’s stance on free speech protections.

In Boulder, Colorado, Mohamed Sabri Soliman allegedly used a flamethrower in connection with Molotov cocktails during violent events, reportedly in support of Hamas, which resulted in the deaths of over 1,200 Israelis on October 7, 2023. Dershowitz warned that calls to “globalize” the Intifada might prompt the Court to reevaluate the precedent set in the 1969 case, Brandenburg vs. Ohio, if specific circumstances present themselves.

“This is my predictive view based on my expertise as a constitutional lawyer and appeals lawyer,” he stated on “The Dershow.” “If the right case comes before the Supreme Court, I think they might modify the Brandenburg criteria slightly.”

Dershowitz’s remarks came after a case where he was convicted due to urging someone to fire a weapon after that person provoked a mentally unstable individual to shoot a police officer. He suggested that the recent motivations for violence could encourage the Court to reconsider existing standards.

“Instigation doesn’t necessarily need to lead to chaos. It’s enough if agitation has the potential to result in imminent lawlessness,” he explained. “The changing dynamics of these courts necessitate adjustments based on experiences. There’s no doubt that the global Intifada call influenced the tragic murders of two young individuals in Washington, D.C., as well as the assault on Jewish individuals in Boulder, including Holocaust survivors.”

Demonstrations supporting Hamas since the attacks have included anti-Israel protests that have, at times, disrupted activities on campus and targeted Jewish students. “I see shifts happening,” Dershowitz remarked. “I might not witness the full impact of this prediction, but something will transform in the Supreme Court over the next 25 years, especially if violence continues.”