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Simple English definitions for legal terms

Brandenburg test

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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.

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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
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
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