c. Symbolic speech is not protected when it is most likely to inspire fear of bodily harm. Just giving someone the skills or the desire to break the law is not unlawful.
Brandenburg clarified what constituted a "clear and present danger", the standard established by Schenck v. United States (1919), and overruled Whitney v. Symbolic speech is never protected. Symbolic speech is always protected.
In reversing the conviction of a Ku Klux Klan leader who gave a speech warning "that there might have to be some revengeance taken" for "continued suppression of the white, Caucasian race," the Court held that the First Amendment allows punishment only of subversive advocacy calculated to produce "imminent lawless action" and which is likely to produce such action.
b. "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. Only speech that encourages “imminent lawless action” is unprotected.
The Supreme Court of the United States wrote that the Ohio law failed to distinguish between advocacy and incitement to imminent lawless action. d. Flag burning is not symbolic speech. The Court used a two-pronged test to evaluate laws affecting speech acts: 1. speech can be prohibited if its purpose is to incite or produce imminent lawless action; and 2. doing so is likely to incite or produce such an action. Imminent lawless action test.. "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. 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 . Imminent lawless action test c. Clear and present danger test d. Scalia test e. Bad tendency test. Brandenburg clarified what constituted a "clear and present danger", the standard established by Schenck v. Over the next half-century, the clear and present danger test was refined and expounded upon but continued to dominate free speech jurisprudence. The judge wrote that Trump's remarks fell under the First Amendment “because he did not specifically advocate imminent lawless action.” “It follows that if Trump’s speech is protected ... then the fact that audience members reacted by using force does not transform … The rule overturned the decision of the earlier Schenck v.
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