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Speech & Press
Brandenburg v. Ohio
Decided: 1969
In brief
Narrowed incitement doctrine, protecting speech unless it incites imminent lawless action.
The Court's ruling in depth
Reversing a KKK leader's conviction for advocating violence, the Court held that speech advocating illegal conduct is protected unless it is directed to inciting or producing 'imminent lawless action' and is likely to produce such action. Brandenburg replaced the older 'clear and present danger' formulations of Schenck and Dennis and remains the modern test for incitement.