Testimony at Trial Disclosed That a Defendant Charged with Inciting

Multiple Choice

Testimony at trial disclosed that a defendant charged with inciting a riot had been drinking beer, yelling profanity, and urging a large crowd to interfere with the police, who were trying to keep order at a rock concert.The defendant moved the court to direct the jury to acquit him because he claimed he was only exercising his First Amendment right of free speech.The court would likely ______________.

A) deny the motion as there are sufficient facts from which a jury could conclude that defendant's actions constituted imminent lawless action
B) grant the motion because the defendant had been consuming alcohol and thus his conduct was excusable
C) grant the motion because the defendant's conduct amounted only to speech
D) deny the motion because the First Amendment to the U.S.Constitution imposes no limitations on state criminal prosecutions.