Emerson Begolly to Plead to Solicitation in Online Incitement & Explosives Training Case
As you may recall, federal prosecutors in July charged Emerson Begolly with offenses including (i) solicitation based on online posts encouraging readers to attack Americans and (ii) the provision of instructions for making an explosive device based on material he also posted online. As discussed here (me), here (Marty Lederman), and
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As you may recall, federal prosecutors in July charged Emerson Begolly with offenses including (i) solicitation based on online posts encouraging readers to attack Americans and (ii) the provision of instructions for making an explosive device based on material he also posted online. As discussed here (me), here (Marty Lederman), and here (Eugene Volokh), both counts raised fascinating First Amendment questions, and the case seemed set to become an important test of the line between protected expression and crime in the context of online activity and terrorism. But it appears the issues will not be litigated after all, for Begolly apparently is about to plead guilty to the solicitation count. Till some other occasion, then.
Robert (Bobby) Chesney is the Dean of the University of Texas School of Law, where he also holds the James A. Baker III Chair in the Rule of Law and World Affairs at UT. He is known internationally for his scholarship relating both to cybersecurity and national security. He is a co-founder of Lawfare, the nation’s leading online source for analysis of national security legal issues, and he co-hosts the popular show The National Security Law Podcast.
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