Imminent lawless action
From The Art and Popular Culture Encyclopedia
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"Imminent lawless action" is a standard currently used that was established by the United States Supreme Court in Brandenburg v. Ohio (1969), for defining the limits of freedom of speech. Brandenburg clarified what constituted a "clear and present danger", the standard established by Schenck v. United States (1919), and overruled 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 court provided later clarification in Hess v. Indiana (1973) in which 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,"
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, Template:Ussc
- Brandenburg v. Ohio Template:Ussc
- Chaplinsky v. New Hampshire, Template:Ussc
- Dennis v. United States Template:Ussc
- Feiner v. New York, Template:Ussc
- Hess v. Indiana Template:Ussc
- Korematsu v. United States Template:Ussc
- Masses Publishing Co. v. Patten (1917)
- Sacher v. United States, Template:Ussc
- Schenck v. United States Template:Ussc
- Terminiello v. Chicago, Template:Ussc
- Whitney v. California, Template:Ussc
