Imminent Lawless Action: United States Supreme Court, Brandenburg v. Ohio, Free speech, Schenck v. United States, Clear and present danger, Riot
– 16 dic 2010
Please note that the content of this book primarily consists of articles available from Wikipedia or other free sources online. Imminent lawless action is a term used in the United States Supreme Court case Brandenburg v. Ohio (1969) to define the limits of constitutionally protected speech. The rule overturned the decision of the earlier Schenck v. United States (1919), which had established clear and present danger" as the constitutional limit for speech. 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. Indiana (1973). In this case, the court found that Hess''s words did not fall outside the limits of protected speech, in part, because his speech "amounted to nothing more than advocacy of illegal action at some indefinite future time," and therefore did not meet the imminence requirement."