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As rhetoric over reopening NC heats up, authorities watch for statements inciting violence

Where is the line between freedom of speech and words that promise or incite violence?

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By
Amanda Lamb
, WRAL reporter
RALEIGH, N.C. — Where is the line between freedom of speech and words that promise or incite violence?

The rhetoric in the debate over how and when to resume business and social activities in North Carolina has steadily ratcheted up in recent weeks. It may have reached a fever pitch over the weekend, when the husband of ReOpenNC co-founder Ashley Smith talked about resorting to violence in an online video.

"Are we willing to kill people? Are we willing to lay our lives down? We have to say yes," Adam Smith says in the video.

He clarified the comments on Sunday and again before a ReOpenNC rally in downtown Raleigh on Monday, saying it wasn't a threat but a willingness to bear arms as a last resort.

"It was just a mindset of be prepared if we ever end up in that situation," he said Monday. "Of course, I never want to see anyone die – no one ever wants to see anybody die – and I would never willy-nilly say I was going to kill someone."

Wake County District Attorney Lorrin Freeman said Tuesday that making threats of potential violence or inciting others to commit violent acts are felonies in North Carolina.

Although she wouldn't address Smith's comments directly, Freeman said she is closely monitoring that type of speech – both online and during protest rallies – during the increasingly heated debate.

"We understand that people have a right to have their voices heard, but these are not rights without limitations," she said. "They're getting very close to the line when they start to talk about and encourage people to take up arms, and it's something that we're going to take seriously because we can't put our community at risk."

No one has been charged yet for speaking publicly about using violence to prove their point, but Freeman said local law enforcement authorities will investigate anyone who makes such threats to determine if laws are being broken.

"When you get to the level when you are inciting violence, when you are inciting a rebellion against the state, encouraging that and making steps in that direction, those are felony offenses, and it's something that we watch very closely," she said. "Finding that balance between what is constitutionally permitted and what is a violation of the law is what our job is. When that line is crossed, we will take appropriate action."

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