The first amendment doesn’t cover putting a bounty on someone “dead or alive”.
They have a number of ways to argue that the First Amendment does cover it. GOPJ directed that to me because we've discussed this at length. I'm not saying it's right - I'm just saying it does.
First, you can't make a contract for an illegal act, so the Black Panthers can argue that anyone would recognize this as a political statement covered by the First Amendment rather than a true offer to solicit the death or unlawful detainment of George Zimmerman. Stinks, but they can argue that.
Second, just as we're all saying "WTH? They can't be serious. You can't do this." On a similar vein, the Black Panthers can say, 'see? People knew we weren't serious. We were being outrageous to make a ooint." First Amendment.
GOPJ and I have been over many other ways in which a coward could use the First Amendment as a shield in this case - not that's it's right, but because it's there and the First Amendment is a powerful thing that protects even *sses who spew hatred . . . until somebody acts on it.
There's also he issue that there may be no solicitation here because the bounty is so generalized that there is no true target of solicitation.
Up until something happens to Zimmerman, this is like yelling 'fire' in a crowded theatre. The fact is, you can yell fire in a crowded theatre. You're only liable for the consequences if something happens, Just like you're only responsible for inciting a riot if you're successful. You don't get arrested for attempting to incite a riot.
The landscape changes if somebody detains or kills Zimmerman and says they relied on the broadside published by the Black Panthers. At that point, the BP should have some liability for what they published, First Amendment be damned. However, the BP's attorneys will attempt to argue that no reasonable person would believe that the broadside's 'offer' was a true offer. That shouldn't be successful. Just as you take your plaintiff as you find him in the law of torts and negligence, if you're reckless enough to publish what the BP did, then you should be responsible ime unreasonable people respond to it.
Besides, just between you and I and GOPJ, the BP want somebody to act on the broadside.
But they'll hide behind the First Amendment if they can.