Legal Question in Constitutional Law in Texas

Can I sue someone for insighting a criminal act with words spoken on the air waves?

1st Amendment does not provide protection for those who insight mayhem


Asked on 7/30/10, 11:33 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

You can sue, but whether you can win will depend upon the facts. I have a very hard time imagining facts which would support a judgment in your favor.

I say this for several reasons. For one, the law generally does not hold people responsible for criminal acts committed by others. Also, incitement means a lot more than just giving someone the idea. You have offered no facts, so I can't say whether there was actual incitement in this case.

You also would have to be a victim of the criminal act, or have some other very close connection to the crime, in order to have standing to sue over it. On top of that, you would have to show that you were harmed and that the harm was caused by the speaker.

As I said, it is possible to win a case like the one you describe. Without knowing the facts, I don't know whether you have a potentially winning case. You may want to discuss the case in more detail with a lawyer in your area.

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Answered on 8/04/10, 1:04 pm


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