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Answer :
The term that describes the principle established in the 1969 case involving Klansman Clarence Brandenburg is called "imminent lawless action."
This principle sets the standard for determining when advocacy of lawless action is protected under the First Amendment. In the case of Brandenburg, the Supreme Court ruled that speech advocating for illegal activity is protected unless it is likely to incite immediate and imminent lawless action.
The Brandenburg case arose from a KKK rally in Ohio, during which Brandenburg made a speech that included inflammatory and racist language. He was convicted of violating an Ohio law that prohibited advocating violence or lawless action. However, the Supreme Court overturned his conviction, finding that the law violated his First Amendment rights.
The Court's decision in Brandenburg recognized that the government may not prohibit or punish speech solely on the basis that it advocates illegal activity. Rather, the government must show that the speech is likely to lead to "imminent lawless action." This means that the speech must pose a clear and present danger of inciting violence or other illegal activity that is likely to occur immediately.
Overall, the principle of "imminent lawless action" established in the Brandenburg case protects free speech while also allowing the government to take action in cases where there is a real and present danger of harm to individuals or the public.
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