Imminent lawless action
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"Imminent lawless action" is one of several legal standards American courts use to determine whether certain speech is protected under the First Amendment of the United States Constitution. The standard was first established in 1969 in the United States Supreme Court case Brandenburg v. Ohio.[1][2]
History
Brandenburg clarified what constituted a "clear and present danger", the standard established by Schenck v. United States (1919) and overruled by Whitney v. California (1927), which had held that speech that merely advocated violence could be made illegal. 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 Supreme Court provided later clarification in Hess v. Indiana (1973), which found that Hess's words were protected under "his rights to free speech",[3] in part because his speech "amounted to nothing more than advocacy of illegal action at some indefinite future time,"[3] and therefore did not meet the imminence requirement.
The two legal prongs that constitute incitement of imminent lawless action are as follows:
- Advocacy of force or criminal activity does not receive First Amendment protections if (1) the advocacy is directed to inciting or producing imminent lawless action, and (2) is likely to incite or produce such action.[4]
Quotation
See also
- Hit Man: A Technical Manual for Independent Contractors
- Clear and present danger
- List of United States Supreme Court cases, volume 395
- Shouting fire in a crowded theater
- Threatening the president of the United States
- Abrams v. United States, 250 U.S. 616 (1919)
- Brandenburg v. Ohio 395 U.S. 444 (1969)
- Chaplinsky v. New Hampshire, 315 U.S. 568 (1942)
- Dennis v. United States 341 U.S. 494 (1951)
- Feiner v. New York, 340 U.S. 315 (1951)
- Hess v. Indiana 414 U.S. 105 (1973)
- Korematsu v. United States 323 U.S. 214 (1944)
- Masses Publishing Co. v. Patten (1917)
- Sacher v. United States, 343 U.S. 1 (1952)
- Schenck v. United States 248 U.S. 47 (1919)
- Terminiello v. Chicago, 337 U.S. 1 (1949)
- Whitney v. California, 274 U.S. 357 (1927)
References
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- ↑ Brandenburg v. Ohio, 395 U.S. 444 (1969). Archived from the original on March 23, 2022. Retrieved March 26, 2022.
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- ↑ a b Hess v. Indiana, 414 U.S. 105 (1973).
- ↑ Text of Brandenburg v. Ohio, 395 U.S. 444, 447 (1969) is available from: Cornell Legal Information Institute
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Further reading
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External links
Template:US1stAmendment Freedom of Speech Clause Supreme Court case law
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