In Smith’s defense, even though Smith had his knife in the time of the protest, the probability of Smith using his knife against the police are highly unlikely because there is not enough evidence of Smith bout to use his knife on the police, especially the towards Officer Blutarski. Smith was fifteen feet away from the police, giving the police enough time to counter the possible attack. If Smith tends to use the knife, Smith have to be within couple feet from the police to be stabbing range. According to the defense for Smith, the type of speech that Smith used in the protest is protected speech because there is no evidence of imminence and probability. In Watts v US, Watts makes a comment while being at a small public gathering at the
