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.