Re Tom Cotton encouraging car drivers to run over Gaza protesters:

«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 and Expression.”»

https://en.m.wikipedia.org/wiki/Incitement#United_States

Looks like he’s off the hook, and he knows it.