Is Assassination Speech Protected by the First Amendment?

Johnny Depp sparked a controversy when he remarked, “When was the last time an actor assassinated a President?” 
How far can someone take this kind of talk and be protected by the First Amendment?

Rankin v. Ardith (1987) is the leading case on the issue. Ardith McPherson worked in the Harris County sheriff’s office.

When she learned of an assassination attempt on Ronald Reagan, she told a co-worker, “Shoot, if they go for him again, I hope they get him.” Another co-worker overheard the conversation and reported it. Ms. Rankin was fired for the comment.

The Supreme Court ruled that her speech was protected. The President’s life or death was deemed by the Court to be a matter of public concern, and thus, Ms. Rankin’s speech was protected. Statements that are incorrect, unpopular or ill-advised still enjoy constitutional protection.

Johnny Depp’s stupid question is akin to Ted Nugent’s stupid statement before the 2012 election, where the faded rock star said that President Obama would “either be dead or in jail by this time next year.” Not to be forgotten is President Trump’s former butler, Anthony Senecal, whose Facebook rants called for President Obama to be killed. 

Assassination speech is protected, unless it conveys specific incitement to plot and act. 

It's also important for the rest of us to exercise our First Amendment rights to denounce this type of speech.