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"This is a glaringly lawless action".
The court held that the law was not violated unless someone advocated "imminent lawless action which is likely to occur".
The Brandenburg test precludes speech from being sanctioned as incitement to riot unless (1) the speech explicitly or implicitly encouraged the use of violence or lawless action, (2) the speaker intends that his speech will result in the use of violence or lawless action, and (3) the imminent use of violence or lawless action is the likely result of his speech.
Today the clear-and-present-danger test implies that inciting speech beyond a reasonable doubt will be followed by imminent lawless action.
"The First Amendment does not protect speech that incites imminent lawless action," the judge wrote, citing a 1969 Supreme Court decision.
In 1919, the Supreme Court ruled that speech could be regulated only if it presented "a clear and present danger," and then, more narrowly, in 1969, only if it was likely to incite "imminent lawless action".
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The use of force and lawless actions from outside are unacceptable.
The Supreme Court's decision marked the third time the court has rebuked this administration's lawless actions at Guantánamo.
Seeking to rule a nation of property owners, the new party eschewed lawless actions, even those committed in opposition to slavery.
The video record evinces next to no attempt made by the officers to protect the Bible Believers or prevent the lawless actions of the audience.
That case enshrined the state secrets doctrine that this administration has repeatedly relied upon to avoid judicial scrutiny of its lawless actions.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com