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Answer :
Final answer:
The U.S. Supreme Court limits freedom of speech when it poses a clear threat of imminent lawless action. This standard was established in Brandenburg v. Ohio, which emphasizes the difference between advocacy of illegal acts and direct incitement to violence. While most political speech is protected, inciting immediate violence is not.
Explanation:
Understanding Freedom of Speech and Its Limitations
The U.S. Supreme Court has established various guidelines regarding the limits of free speech, particularly in cases where speech may incite violence or illegal actions. In the landmark case Brandenburg v. Ohio (1969), the Court ruled that speech advocating for illegal action is protected unless it is directed toward inciting and is likely to produce imminent lawless action. This standard reflects a significant evolution from earlier doctrines that restricted speech based on "clear and present danger" tests.
Key Exceptions to Freedom of Speech
- Speech that incites violence or immediate unlawful acts.
- Fighting words that provoke a violent response.
- Genuine threats aimed at causing harm.
Therefore, if a speaker directly encourages illegal violence (e.g., calling for a riot), such speech is not protected under the First Amendment. On the other hand, criticism of the government or unpopular opinions, even if offensive to some, remain protected forms of expression. Understanding these nuances is crucial to interpreting First Amendment rights.
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