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Why would inciting a crowd to violence not be protected speech?

A. The obscenity test
B. The bad tendency rule
C. The Lemon test
D. The imminent lawless action test
E. Prior restraint

Answer :

Final answer:

Inciting a crowd to violence is not protected speech due to the imminent lawless action test, which stipulates that speech intended to incite immediate unlawful acts is unprotected. This test requires that the speech be directed towards inciting an expectation of imminent violence. Other legal tests such as the bad tendency rule or the obscenity test do not address this direct incitement and its conditions.


Explanation:

Understanding Inciting Violence and Its Legal Consequences

The reason why inciting a crowd to violence is not protected speech primarily falls under the imminent lawless action test, which was established by the Supreme Court in the case of Brandenburg v. Ohio (1969). This test determines that speech is not protected if it is directed to inciting or producing imminent lawless action and is likely to produce such action.

To better understand this, consider the following points:

  1. Imminence: The speech must be intended to incite immediate violence or illegal acts.
  2. Likelihood of Action: The speech must create a real risk that the audience will engage in that conduct.
  3. Specificity: The language used should call for specific illegal actions, not vague statements that could be interpreted in various ways.

Other tests mentioned, such as the bad tendency rule or the obscenity test, are not applicable in this case because they do not focus specifically on the direct incitement to violence as it relates to time and likelihood. The Lemon test and prior restraint also pertain to other legal issues and do not apply here.


Learn more about Imminent lawless action here:

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