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Under the imminent lawless action test, speech is not protected by the First Amendment if the speaker intends to incite a violation of the law that is both imminent and likely. While the precise meaning of "imminent" may be ambiguous in some cases, the court provided later clarification in Hess v.
Brandenburg v. Ohio, 395 U.S. 444 (1969), is a landmark decision of the United States Supreme Court interpreting the First Amendment to the U.S. Constitution. [1] The Court held that the government cannot punish inflammatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action".
The Supreme Court has held that "advocacy of the use of force" is unprotected when it is "directed to inciting or producing imminent lawless action" and is "likely to incite or produce such action". [8] In the early 20th century, incitement was determined by the "clear and present danger" standard established in Schenck v.
Under Brandenburg, even advocacy of illegal conduct is constitutionally protected unless it is both "directed" at inciting "imminent lawless action" and "likely" to do so.
Categories of speech that are given lesser or no protection by the First Amendment include obscenity (as determined by the Miller test), fraud, child pornography, speech integral to illegal conduct, [15] speech that incites imminent lawless action, and regulation of commercial speech such as advertising.
Under Brandenburg, even advocacy of criminal conduct is constitutionally protected unless it is "directed" at inciting "imminent lawless action" and "likely" to do so—an exception to the First ...
In addition, despite the speech being broadcast on network television it did not direct to incite or produce imminent lawless action nor was it likely to produce such action. In 1972, the Court held that offensive and insulting language, even when directed at specific individuals, is not fighting words: Gooding v.
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