In its 2018 decision in sessions v Or (3) to commit any act of violence in furtherance of a riot Dimaya, the supreme court held that the second prong of the crime of violence definition, as incorporated into the ina, was unconstitutionally vague under the due process clause.
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(b) as used in this chapter, the term to incite a riot, or to organize, promote, encourage, participate in, or carry on a riot, includes, but is not limited to, urging or instigating other persons to riot, but shall not be deemed to mean the mere oral or written (1) advocacy of ideas or (2) expression of belief, not involving advocacy of.
If the offense of violence that the other person is being urged or incited to commit is a misdemeanor, inciting to violence is a misdemeanor of the first degree.
Rioting or inciting to riot (a) a riot in the district of columbia is a public disturbance involving an assemblage of 5 or more persons which by tumultuous and violent conduct or the threat thereof creates grave danger of damage or injury to property or persons. Among these, title 18, u.s Code, section 373 comes closest to a general prohibition of incitement by making it a crime to solicit, command, induce, or otherwise endeavor to persuade another person to commit a crime of violence.
The term crime of violence means— (a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or (1) to incite a riot Or (2) to organize, promote, encourage, participate in, or carry on a riot
