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Simple English definitions for legal terms

advocacy of illegal action

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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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babycat
11:11
terrible admin
BulbasaurNoLikeCardio
11:11
@babycat: I wonder why gtown felt what they said was a good idea and how secure that individual felt in their job to believe there would be no backlash.
Dkk
11:11
please, tell me more about Europa: The Last Battle @MostlyLegal
11:11
nothing you dont already know
Dkk
11:12
Lmfao, damn out of messages again. Time to go sit in the hot tub.
11:12
@BulbasaurNoLikeCardio: honestly fuck these schools
11:12
The way they act is so cringe and gives mad ick
babycat
11:12
@BulbasaurNoLikeCardio: people are saying this has been a pattern with them
babycat
11:12
imagine being a religious school and not supporting mothers. practice what you preach!
11:12
Fuck dem hoes
11:13
Child bearing people*
11:13
i cant spell fuck dont correct me
11:15
Anywayyyyy, i think today i will withdraw all my apps
11:15
This lsat is not doing it
babycat
11:15
lol live ur truth
11:15
ASU at 154 is damn good
11:15
154 scholly
BulbasaurNoLikeCardio
11:15
It is shitty that was a pattern of behavior but I am glad someone is finally standing up for themselves. Like I can be a pretty rigid butthole guy when it comes to getting stuff but a complete lack of empathy or situational awareness shown by the school and their staff is mind blowing. When I was talking about it in the office they all thought I was lying cause it sounds so crazy.
Dkk
11:16
@babycat: ahh link me something. Idk what you are talking about with GTown and mothers and all that.
11:16
Idk if any of you watch UFC but one time interim heavyweight champ Tom Aspinall won a fight and said on the mic afterwards “if you feel scared to do something, that’s a pretty good sign you should just go fucking do it” and I believe that applies very much to people wondering if they should R&R. Sure you can but why not just see what happens now?
babycat
11:16
School fucked up so bad they got hellwoods to sign a petition
11:16
Ive also heard their career center is awful too, I think its why it will never be anything but 14-15
JumpySubsequentDolphin
11:17
@Dkk: i think a law student was pregnant and due to give birth a few days before finals and they refused to accomodate her
JumpySubsequentDolphin
11:17
accommodate*
11:17
@Mostlylegal: yeah and i was thinking fuck it just go party for three years but i got other options and need to start building, top law schools were worth that 3 year pause but i am not sure i can do that for asu and their outcomes
11:19
Also I just got diagnosed with ADHD is it stupid if I dont take the test again now that Im medicated?
Dkk
11:19
She offered to take it early? Should have given her that one. Remote I can understand saying no to but taking it early, yes.
babycat
11:20
big things coming for babycat. I own a resistance band now
concorde
11:20
@renard99: jones needs to take this advice and fight aspinall
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