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Simple English definitions for legal terms

advocacy of illegal action

Read a random definition: Aunt Jemima doctrine

A quick definition of advocacy of illegal action :

The advocacy of illegal action is when someone encourages others to do something that is against the law. This type of speech is not protected by the First Amendment, which is a law that protects free speech in the United States. The Supreme Court has ruled that only speech that is intended to and likely to incite immediate lawless action can be punished. This means that people can talk about breaking the law, but they cannot encourage others to do it right away. This is called the "Brandenburg Test," and it is the rule that decides whether speech that advocates illegal action is protected under the First Amendment.

A more thorough explanation:

The advocacy of illegal action refers to speech that promotes or encourages illegal behavior. This type of speech is not protected by the First Amendment, which guarantees freedom of speech in the United States.

For example, if someone gives a speech urging people to commit acts of violence or to break the law, they could be prosecuted for advocating illegal action. However, the Supreme Court has established a test to determine when speech crosses the line from protected speech to illegal advocacy.

The Brandenburg Test, established in the case of Brandenburg v. Ohio, requires that speech must be intended to incite or produce imminent lawless action, and likely to incite such action, in order to be punishable by law. This means that simply expressing an opinion or advocating for a cause, even if it is controversial or unpopular, is protected by the First Amendment.

For example, if someone gives a speech advocating for the legalization of marijuana, this would be protected speech because it does not meet the criteria of the Brandenburg Test. However, if someone gives a speech urging people to start a riot or to commit acts of terrorism, this would not be protected speech because it meets the criteria of the Brandenburg Test.

In summary, while the First Amendment protects freedom of speech, the advocacy of illegal action is not protected. The Brandenburg Test is used to determine when speech crosses the line from protected speech to illegal advocacy.

advisory opinion | advocate

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and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
lilypadfrog
8:12
hi shawties
lilypadfrog
8:16
who’s getting into a law school today raise your hand
jackfrost11770
8:28
I sure hope so at this point
lilypadfrog
8:28
woooo
lilypadfrog
8:28
jackfrost for law school
jackfrost11770
8:29
LILYPADFROG FOR LAW SCHOOL
jackfrost11770
8:29
I really just love how now there's an executive order that says I don't exist as a person
jackfrost11770
8:29
Do I not have to pay taxes now? Loans? What now
lilypadfrog
8:34
you should probably assume this means your law school will be free
GreyCeaselessMammoth
8:34
i love that there's an executive order that we're all female now
jackfrost11770
8:38
I think so yeah. I think I don't have to pay for anything anymore
Trismegistus
8:40
can someone release today my god
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