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> Brandenburg v. Ohio is interesting. Technically doesn't it mean that any speech that calls for action against existing law loses protection from First Amendme
by javagram 7y ago
> Brandenburg v. Ohio is interesting. Technically doesn't it mean that any speech that calls for action against existing law loses protection from First Amendment?
No. From the Wikipedia description of the case, “The U.S. Supreme Court reversed Brandenburg's conviction, holding that government cannot constitutionally punish abstract advocacy of force or law violation.“
The entire point of the ruling was that the government cannot punish someone for merely advocating against the law. And even dangerous speech is okay if it’s not likely to be acted on. “free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.”