KKK Leader invited reporter to display a meeting. Found guilty of state law violation, Criminal Syndicalism Statute – “voluntarily assembling with any society or group of persons formed to teach or advocate the doctrines of criminal syndicalism “. Advocating violent behavior has been outlawed by this law. He appealed the conviction under 1st and 14th amendment, unsuccessful till heard by US Supreme Court.
Brandenburg
His defense worked. Supreme Court ruled statute was unconstitutional. Used the clear and present danger test (Brandenburg test), which protected speech unless it caused imminent harm. Advocacy and teaching of forcible overthrow of Government is immune from prosecution.
Judges brought up the test.
Per Curiam – Unanimous agreement by a judge
Brandenburg Test:
The Brandenburg test was established in Brandenburg v. Ohio, 395 US 444 (1969), to determine when inflammatory speech intending to advocate illegal action can be restricted. ... The speech is “directed to inciting or producing imminent lawless action,” AND. The speech is “likely to incite or produce such action.”
原文：https://www.cnblogs.com/JasperZhao/p/13096521.html