America: From a Fallen Child Star to the Head of the University of the West

Chapter 75 People Say Long Live Sean

9:30 a.m., Courtroom No. 5.

"Everyone stand up!"

The bailiffs' voices echoed in the courtroom.

The presiding judge entered through a side door. He was a white man in his fifties, with a serious expression and graying temples. His name tag read:

William Harris.

"Please have a seat." Judge Herris sat down and opened the file in front of him. "This court will now begin hearing the case of New Jersey v. Sean Henry Penn. Case number 3:24-cr-00089."

"The defendant is charged with three counts: first, sedition; second, disorderly conduct; and third, interstate sedition."

The final charge elicited a murmur from the audience.

"Defense attorney, please confirm the defendant's identity and prepare your response."

Vincent stood up: "Your Honor, I am Vincent Carter, representing the defendant, Sean Penn. The defendant is present. We plead not guilty to all charges."

"It's on record." Judge Herris nodded. "Prosecutor, please present your case."

In the prosecutor's dock, Matthew Garcia, the one who delivered the summons to Sean outside the Philadelphia courthouse, stood up. He was wearing a well-tailored dark gray suit and looked determined.

"Your Honor, ladies and gentlemen," Garcia's voice was steady and firm, "the core issue in this case is simple: does freedom of speech include the right to incite violence?"

"The defendant, Sean Penn, is a former Hollywood actor who has recently been active in the political arena as an independent candidate. On January 24, 2024, he made a series of statements on a podcast called 'The Joe Rogan Experience,' publicly encouraging people to protest at the Philadelphia 76ers' training facility in Camden, New Jersey."

"We have evidence that the defendant used a large amount of inflammatory language in his program. He claimed that Philadelphia's Chinatown was being marginalized and systematically eliminated, and called on listeners to take action —."

Garcia pressed the remote control, and a video clip appeared on the courtroom's large screen.

That was a clip of Sean speaking on a podcast. In the video, he spoke with righteous indignation: "—There is a group of people whose ancestors crossed the ocean to America more than a hundred years ago. They experienced the persecution of the Chinese Exclusion Act, the insults of racial discrimination, and the pain of being marginalized and forgotten countless times—when I see them ignored, despised, and treated as obstacles that can be trampled on at will on the road to development—"

The video was cut off here.

This left Sean feeling bewildered. He thought to himself, "Wasn't it just that my tone was a little agitated? Is that considered incitement? I didn't even swear!"

"Two days later," Garcia continued, "that is, January 26, Martin Luther King Jr. Day, hundreds of protesters gathered outside the 76ers' training center. The protest eventually turned violent. A protester shot team president Daryl Morey, causing him to suffer a shoulder injury."

"The prosecution believes there is a direct causal link between the defendant's remarks and the violent incident. He used his public influence to deliberately incite public sentiment, ultimately leading to a tragedy that could have been avoided."

"More importantly," Garcia emphasized, "the defendant recorded a program in Texas, which was then disseminated via the internet to New Jersey, inciting violence in New Jersey. This constitutes 'interstate sedition' as defined by federal law."

"The prosecution will call witnesses and present physical evidence to prove that the defendant bears undeniable responsibility for this riot. Thank you."

Garcia took his seat, and the courtroom fell silent.

"Defense, please make your statement." Judge Herris looked at Vincent.

Vincent stood up and walked to the center of the courtroom.

"Your Honor, the prosecution's statement just now contained a fundamental error."

"They've conflated expressing an opinion with inciting violence."

Vincent walked to the large screen and pressed the remote control. Another video appeared on the screen: it was also Sean speaking on the podcast, but this time it was the full version.

"Today it's them, tomorrow it will be us."

After the video finished playing, a murmur rippled through the courtroom.

"Did you all see that?" Vincent turned to the jury. "The prosecution showed you a carefully edited video. They deliberately cut out what my client said at the beginning and the end."

"My client did use some relatively angry language on the show. But afterwards, he also tweeted a lot and clearly defined what 'doing something' meant: voting, marching, writing letters, all of which are legal forms of expression protected by the First Amendment."

"As for the protester, Mr. Kevin Chen, who fired the shot," Vincent continued, "he is an adult with a legal gun license. His decision to fire was his own, not the result of my client's instigation."

"If we follow the prosecution's logic, any public figure who makes any statement that might incite emotions would be held responsible for the subsequent actions of their audience, then freedom of speech in the United States would be completely destroyed. Every politician, every commentator, and every internet celebrity could be sent to jail because of the crazy behavior of a fan."

"This is not the law! This is the rape of the law!"

Garcia's expression darkened upon hearing this.

Who would dare to defy the law?!

"Objection," Garcia stood up. "The defense attorney used inappropriate language."

"Objection valid." Judge Herris looked at Vincent. "Mr. Carter, watch your words."

"I retract that analogy, Your Honor." Vincent bowed slightly, knowing that angering the judge could result in contempt of court.

"But my argument remains unchanged: the prosecution has no evidence that my client directly instigated or encouraged anyone to commit violence."

All they have are fragmented video clips and unfounded logical deductions.

"The defense requests the court to dismiss all charges. Thank you."

The morning court hearing proceeded in a tense atmosphere.

Prosecutors first subpoenaed a social media analytics expert in an attempt to prove that Sean's podcast had a wide reach and impact in New Jersey.

"According to our data analysis," the expert said from the witness stand, "that episode of 'The Joe Logan Experience' garnered over 100,000 views in New Jersey. A significant portion of those views came from Camden County and the surrounding area."

"What does this mean?" Garcia pressed.

"This means that the defendant's remarks did indeed resonate with a large number of New Jersey residents, which likely included those who later participated in the protests."

Vincent countered during the cross-examination: "Sir expert, with 50,000 views, can you be sure how many of those people actually went to the protest site?"

"Uh—we cannot determine the exact number."

"In other words, you can only prove that some people watched the program, but you can't prove that those who watched the program were the ones who went to protest, let alone prove that they went to protest because they watched the program?"

"Technically speaking—yes."

"Thank you, I have no other questions."

Next, the prosecution summoned a police officer from the scene to describe the chaotic scene that day.

"The protesters were very agitated from the start," the officer said. "They were chanting slogans and shoving security guards. When the 76ers' vehicle tried to leave, the crowd began to surround it. Then there was a gunshot."

"Before the shots were fired, did you hear anyone in the crowd shouting any slogans related to the defendant?" Garcia asked.

"Yes," the officer nodded. "I heard people shouting things like 'Long live Sean Penn.' And others were shouting 'The Spirit of Philadelphia.'"

"

This statement caused quite a stir in the courtroom, especially among Sean, whose face turned green. "You can protest all you want, but why are you shouting 'Long live'?"

But Vincent quickly defused the crisis during cross-examination: "Officer, you said you heard someone shout 'Long live Sean Penn'."

How many people were chanting this slogan? One? Ten? One hundred?

"Uh—I haven't counted them exactly. But there should be more than one."

"Okay. So, how many protesters are there in total?"

"About four or five hundred people."

"Out of four or five hundred people, a few chanted slogans related to my client. What does that prove? Does it prove that all the protesters were incited by my client?"

"I'm just stating what I've heard."

"I understand, officer. But the truth is, the vast majority of protesters probably hadn't even listened to that podcast that day. They went to protest because they themselves cared about the fate of Chinatown, not because some former actor said a few words online."

"Objection." Garcia stood up. "The defense attorney is making his concluding statement."

"Objection valid," Judge Herris said. "Mr. Carter, please only ask questions, do not summarize."

"No further questions, Your Honor."

The trial resumed at 2 p.m., after the lunch break.

"The prosecution is calling the next witness," Judge Herris announced.

Garcia stood up, a confident smile on his face.

"The prosecution has called Mr. Darrell Morey to testify in court."

The courtroom erupted in uproar.

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