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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.
Ohio in 1969, which limited the scope of banned speech to that directed to and likely to incite imminent lawless action (e.g. an immediate riot). [1] The paraphrasing differs from Holmes's original wording in that it typically does not include the word falsely, while also adding the word crowded to describe the theatre. [2] The utterance of "fire!"
Speech that incites imminent lawless action was originally banned under the weaker clear and present danger test established by Schenck v. United States, but this test has since been overturned by the imminent lawless action test established in Brandenburg v. Ohio.
SHARE,'" Douglas wrote. "But his post did not advocate 'lawless' and 'imminent' action, nor was it 'likely' to produce such action. The post did not direct any person or group to take any unlawful ...
More than 135 years after Ohio passed a law to curb vigilante justice, AG Dave Yost is warning that protestors could run afoul of that same law.
Advocacy and incitement are two categories of speech, the latter of which is a more specific type of the former directed to producing imminent lawless action and which is likely to incite or produce such action.