Imminent Lawless Action

The 1787 Project - A podcast by Justin Dyer

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In this episode we look at how the Supreme Court extended and modified the "clear and present danger" test from Schenck in the subsequent cases of Dennis v. United States (1951) and Brandenburg v. Ohio (1969). In Brandenburg, the Court says that the Constitution protects speech that advocates lawlessness or political violence unless that advocacy "is directed and is likely to incite or produce such action."