Sanchez, Sydney S. “Can Web Sites Incite?”, Boston College, 2010. http://hdl.handle.net/2345/1349.
The established standard for incitement articulated in Brandenburg v. Ohio (1969) has developed into a staple of First Amendment law. The Brandenburg standard for incitement works in the real world, but questions have been raised about whether it can be extended into cyberspace. This thesis examines this question through an analysis of threatening web sites such as the Nuremberg Files, and accompanying jurisprudence. The ability of web sites to incite illegal action is undoubtedly compromised by the characteristics that differentiate them from the physical world—What is to be done when laws intended to encompass a much simpler form of expression lose their relevance?