Case 341_95
341_95 personal_scope
95. Whether behaviour constitutes the intentional incitement of violence is
inevitably a question which must be assessed on the particular circumstances. Some
difficulty arises where the message concerns unlawful activity, or where it could be
construed as inciting others to commit non-violent but unlawful action. Expressing
support for unlawful activity can, in many cases, be distinguished from disorderly
conduct, and should not therefore face restriction on public order grounds. The
touchstone must again be the existence of an imminent threat of violence.