Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

Brandenburg test

Read a random definition: election

A quick definition of Brandenburg test:

The Brandenburg test is a way to determine when speech that encourages illegal actions can be restricted. It was established in a court case where a KKK leader gave a speech that included racial slurs and a suggestion of possible violence. The test says that the government can only restrict speech that is intended to incite immediate illegal action and is likely to do so. This means that people can say things that advocate for illegal actions in the future, as long as it is not likely to cause immediate harm. The test has been used in other court cases to protect free speech.

A more thorough explanation:

The Brandenburg test is a legal standard used to determine when speech that advocates illegal action can be restricted. It was established in the case of Brandenburg v. Ohio in 1969.

The test has two parts:

  1. The speech is “directed to inciting or producing imminent lawless action”
  2. The speech is “likely to incite or produce such action”

If both parts of the test are met, the government may prohibit the speech.

In the case of Hess v. Indiana, a protester said, “We’ll take the fucking street later (or again)." The Supreme Court ruled that this speech was protected under the Brandenburg test because it was not intended to produce imminent disorder.

In NAACP v. Claiborne Hardware Co., a man threatened violence against those who refused to boycott white businesses. The Supreme Court applied the Brandenburg test and found that the speech was protected because it did not incite lawless action.

These examples illustrate how the Brandenburg test is used to determine when speech that advocates illegal action can be restricted. If the speech does not meet both parts of the test, it is protected under the First Amendment's freedom of speech.

Brady rule | breach

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
babycat
19:43
We sharing Goodreads on here?
1a2b3c4d26z
19:43
jurassic park unironically good
1a2b3c4d26z
19:43
crime and punishment top 1
1a2b3c4d26z
19:43
im okay with being called basic for that one
2big2fail
19:44
im gatekeeping my current book
Dkk
19:44
@2big2fail: looks like an Aristotle wannabe.
2big2fail
19:44
whatever. im just reading the financial times
1a2b3c4d26z
19:44
ft goated
concorde
19:45
I hate Dostoevsky
2big2fail
19:45
studying cloud computing, not the cloud of unknowing
babycat
19:45
@1a2b3c4d26z: serotonin is my fave houellebecq
1a2b3c4d26z
19:45
chefs kiss mwah
2big2fail
19:45
i honestly dont understand why people like houellebecq
1a2b3c4d26z
19:45
I'll try to describe how I feel about him
2big2fail
19:46
my favorite french authors are balzac and proust, as basic as that is
1a2b3c4d26z
19:46
basically I read his book and the whole time I read it I liked it so I finished it and I said hm I liked that book written by the author houellebecq
1a2b3c4d26z
19:46
balzac hahaha
2big2fail
19:46
lost illusions is goated
does it take longer to hear back if u applied to scholarships for schools like ucla???
Dkk
19:47
For Houellebecq I have only read https://en.wikipedia.org/wiki/Atomised
JumpySubsequentDolphin
19:47
you guys should read averroes
also do we think ucla wont do a wave tmw cuz they did a tiny one tonight, can schools do 2 days ina. row
JumpySubsequentDolphin
19:47
perhaps read the incoherence of philosophy first and then read averroes’ response: “the incoherence of the incoherence”
2big2fail
19:47
@Dkk: i read that one. just thought it was boring and not really in touch with reality
JumpySubsequentDolphin
19:47
SPLITTY usually they’re Friday!
Dkk
19:48
@2big2fail: I agree.
HUH then what the heck is this wave tonight ab are they tryna give us an attack???
babycat
19:49
@texaslawhopefully: don’t really remember it but my ibooks library says i read it in 2020. that whole year is a haze.
Dkk
19:51
My favorite book though, The Good Morty: https://archive.org/details/TheGoodMorty
LSD+ is ad-free, with DMs, discounts, case briefs & more.