(This is an archived page, from the Patterns of Power Edition 3 book. Current versions are at book contents).
Crime prevention is a key aspect of legal power: preventing murder is clearly better than just focussing on catching and punishing the criminal, so it is logical to prohibit people from inciting others to commit a crime. Although the crime itself has not yet been committed, the incitement makes it more likely to occur. Thomas Scanlon, in A Theory of Freedom of Expression, identified examples of battery, assault, defamation, conspiracy and incitement where freedom of speech would not necessarily provide a defence. [pp. 158-159]
The Economist reported on one notorious example, The mosque at Ayodhya, of legal impunity in the absence of a law against incitement. The Indian BJP leader, Mr Advani, could not be prosecuted although: “[a]fter whipping up his followers, he and several other senior BJP leaders looked on as the mosque was razed with pickaxes and bare hands.”