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1089. First Amendment Implications

The legislative history of the solicitation statute makes clear that it is the inducement of criminal activity that is prohibited, and not mere advocacy of ideas. It states:

[W]hile the section [373] rests primarily on words of instigation to crime, the Committee wishes to make clear that what is involved is legitimately proscribable criminal activity, not advocacy of ideas that is protected by the First Amendment right of free speech.

S. Rep. No. 98-225, 98th Cong., 2d Sess. 309 (1984), reprinted in 1984 U.S. Code Cong. & Adm. News 3182, 3488.

[updated January 1998] [cited in JM 9-60.500]

Updated January 21, 2020