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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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this election has the potential to push america further into ultranationalist populism
Dkk
19:42
Maybe, didnt happen last time.
19:42
it was hard to not improve it. google search was terrible due to the ads and seo cheaters with buzz words and alt text
Dkk
19:42
SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
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