inciting

Inciting is the act of urging, persuading, or prompting others to engage in a certain action, often to commit wrongdoing or violence. In everyday language it can refer to calls to action that lead to disruptive or illegal behavior, or to rhetoric that motivates groups.

In criminal law, incitement is a specific offense when it aims to cause others to commit unlawful acts. The analysis typically requires intent by the speaker, a direct urge to act, and a likelihood that such action will occur as a result. In some jurisdictions, incitement can be punished even if the actual crime is not completed.

In the United States, the key standard comes from Brandenburg v. Ohio, which allows government restriction of speech that is "directed to inciting or producing imminent lawless action" and is "likely to produce such action." This is a high threshold for criminalizing speech. Other jurisdictions may use different tests, and some distinctions exist between incitement, solicitation, and conspiracy.

Distinctions: Incitement differs from mere advocacy of illegal acts, rhetorical criticism, or persuasion that is not likely to lead to immediate illegal acts. It also differs from solicitation (one person requesting another to commit a crime) and from conspiracy (an agreement to commit a crime along with others).

See also: incitement to violence, sedition, conspiracy, solicitation, hate speech.