I don't see how, since it's a question of intent: did you knowingly take an action that most people would reasonably assume would trigger a violent reprisal? If you did, you're probably inciting a riot.
Characterising it as a thoughtcrime is not helping your case.
Putting on an over the top display of heterosexuality at a gay pride parade does not incite violence so the people putting on the display,
no matter what their intention, would never be charged with incitement to riot.
Putting on an over the top display of homosexuality in front of homophobic protesters might incite the homophobic protesters to violence, they could attack you for doing it, and
you'd be charged with a fucking crime by the State.
The fact that this absurd scenario has not caused you to abandon your belief in the crime of 'incitement to violence' seems to me to show you're not interested in the grossly unequal playing field such a law creates and perpetuates.
I'm at a gay club, and upon leaving I see some crazy homophobe protesters outside. I then put on an over the top display of homosexuality to protest their bullshit, this incites the protesters to turn violent, and they beat me up and hospitalize me.
Then you send the cops to my hospital bed to charge me with incitement to violence. After all, I knew there was a reasonable chance hateful bigots would turn violent, didn't I?
It's basically a "flamebait" restriction for real life. Forums have rules like that where the worst that can happen is a nuisance discussion that distracts everyone from the topic. Why would it be any different in a situation where actual violence could be the result?
Because the State arresting me for being a hated minority is fucking evil and insane, that's why.
Why not? A riot's a riot, no matter who does the rioting.
Because homosexuals are never incited to violence when confronted with heterosexuality. No reasonable person would agree that an over-the-top display of heterosexuality would incite someone to violence.
But homophobes are sometimes driven to violence when confronted with homosexuality. So a reasonable person might conclude that an over the top display of homosexuality
is incitement to violence.
You are literally
using the State to inflict violence on homosexuals because homophobes are violent cunts. Do you realise how sick that is?
The difference being INVITING a hateful mob to turn on you for the sole purpose of using their violence as a publicity stunt is -- and rightly should be -- against the law.
Why? And why do you believe that would be somebody's sole -- or even main -- or even
any -- purpose, even if they happened to incite a riot? The main purpose would probably be to ridicule, shock and offend the cunts, not incite them to violence.
And they, in turn, will be charged for their violence.
And the people who 'incited' the deranged violent fuckers will also be subjected to violence by the State for exercising their nonviolent free speech.
Inciting a riot is a lesser charge, AFAIK.
It doesn't matter if it's a $10 fine. It's an absurd, ridiculous inversion of morality.
Have you stopped murdering your wife?
Do you want to answer the question?
A woman has failed to cook an adequate dinner for her arsehole violent husband for three nights. Before he goes to work that morning, he tells her dinner better be perfect tonight or he 'won't be responsible' for what happens.
The woman decides to call his bluff and sticks a spear of asparagus on a plate to deliberately mock him when he gets home. He smashes the plate and hospitalises her.
Did she incite him to violence? Will you be there at her hospital bedside waiting for her to wake so that you can hear the cops read the charges against her?