The Brandenburg test was established in Brandenburg v. Ohio, 395 US 444 (1969) , to determine when inflammatory speech intending to advocate illegal action can be restricted.

The Brandenburg test was the Supreme Court's last major statement on what government may do about inflammatory speech that seeks to incite others to lawless action.

2009年1月1日 · Brandenburg was arrested in connection with a KKK meeting in which he made anti-Semitic and anti-black statements and advocated for the possibility of "revengeance." The …

Moving beyond the clear and present danger test articulated by Justice Holmes in Schenck v. U.S. (1919), the opinion proposed an imminent lawless action test for political speech that …

The Court's Per Curiam opinion held that the Ohio law violated Brandenburg's right to free speech. The Court used a two-pronged test to evaluate speech acts: (1) speech can be …

In a per curiam opinion (meaning one written “by the court as a whole”), the Supreme Court reversed Brandenburg’s conviction and struck down the Ohio law. Importantly, the Court also …

2022年5月5日 · Under what has become known as the Brandenburg test, the Supreme Court has said that the First Amendment does not protect speech that is "directed to inciting or producing …

2017年3月31日 · Ohio is a landmark First Amendment decision because it establishes the “imminent lawless action” test, also known as the Brandenburg test. It remains the standard for …

" 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 …

Thus, Brandenburg brings together the incitement test urged by Hand and the "clear and present danger" test urged by Justices Holmes and Brandeis in their famous dissents in the 20s.