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The imminent lawless action test is known as incitement and was established in the case Brandenburg v. Ohio, which clarified that only speech directly inciting imminent lawless actions can be restricted. It replaced earlier standards like the clear and present danger test. This distinction is crucial for understanding the limits of free speech under the First Amendment.
Explanation:
Definition of the Imminent Lawless Action Test
The imminent lawless action test is also known as incitement. This legal standard emerged from the landmark Supreme Court case Brandenburg v. Ohio (1969), which addressed the limits of free speech under the First Amendment.
Background of the Test
The imminent lawless action test distinguishes between general advocacy of violence and direct incitement to lawless behavior. In this case, the Court ruled that speech is only punishable if it is specifically aimed at inciting or producing imminent lawless actions and is likely to do so. Therefore, general expressions of protest or advocacy do not fall under this category unless they pose an immediate threat of violence or illegal actions.
Comparison with Other Tests
The imminent lawless action test replaced older standards such as the clear and present danger test established in Schenck v. United States (1919). While the latter focused on the potential danger of speech, the imminent lawless action standard requires a clearer link between speech and immediate illegal actions.
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