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Brandenburg v. Ohio, 395 U.S. 444 (1969), is a landmark decision of the United States Supreme Court interpreting the First Amendment to the U.S. Constitution. [1] The Court held that the government cannot punish inflammatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action".
Under the imminent lawless action test, speech is not protected by the First Amendment if the speaker intends to incite a violation of the law that is both imminent and likely. While the precise meaning of "imminent" may be ambiguous in some cases, the court provided later clarification in Hess v.
[1] [15] The test in Brandenburg is the current Supreme Court jurisprudence on the ability of government to punish speech after it occurs. Despite Schenck being limited, the phrase "shouting fire in a crowded theater" has become synonymous with speech that, because of its danger of provoking violence, is not protected by the First Amendment.
Hess v. Indiana, 414 U.S. 105 (1973), was a United States Supreme Court case [1] involving the First Amendment that reaffirmed and clarified the imminent lawless action test first articulated in Brandenburg v. Ohio (1969). Hess is still cited by courts to protect speech threatening future lawless action. [2]
In Brandenburg v. Ohio (1969), even speech such as "Bury the niggers" and "Send the Jews back to Israel," was held to be protected speech under the First Amendment in a per curiam decision. In addition, despite the speech being broadcast on network television it did not direct to incite or produce imminent lawless action nor was it likely to ...
The Miller test, also called the three-prong obscenity test, is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited.
An experimental NASA mission called DART, short for Double Asteroid Redirection Test, successfully nudged the path of an asteroid in space in 2022. It was the first such test of its kind.
Central Hudson Gas & Electric Corp. v. Public Service Commission, 447 U.S. 557 (1980), was an important case decided by the United States Supreme Court that laid out a four-part test for determining when restrictions on commercial speech violated the First Amendment of the United States Constitution. Justice Powell wrote the opinion of the ...