Zealand, every one who incites any person to commit an offence is a party to and guilty of the offence and liable for the same penalty as a person who commits the offence. When a person incites another to commit an offence that is not in fact committed the person is liable for the same penalty as a person who attempts to commit an offence that is not in fact committed. The penalty for inciting the commission of an offence that is not in fact committed is 10 years imprisonment if the maximum penalty for the offence is imprisonment for life and in other cases up to half the maximum penalty of the primary offence. United States The First Amendment to the United States Constitution guarantees free speech, and the degree to which incitement is protected speech is determined by the imminent lawless action test introduced by the 1969 Supreme Court decision in the case Brandenburg v. Ohio. The court ruled that incitement of events in the indefinite future was protected, but encouragement of "imminent" illegal acts was not protected. This "view reflects longstanding law and is shared by the Federalist Society, the American Civil Liberties Union, the Foundation for Individual Rights in Education." Incitement to riot is illegal under U.S. federal law. See also Fighting words Incitement to ethnic or racial hatred Incitement to genocide Incitement to terrorism Solicitation True threat References Further reading Criminal law Speech crimes