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In particular, we were skeptical that Trump’s speech would satisfy the stringent requirement of Brandenburg v. [read post]
8 Jan 2019, 9:01 pm by Michael C. Dorf
Black, the First Amendment protects very offensive speech against censorship, unless the speech in question constitutes incitement—strictly defined in the leading case of Brandenburg v. [read post]
15 Mar 2021, 7:58 am by Alexander Vindman
Unlike with Trump in the impeachment trial, the First Amendment clearly does apply here, and it has a very high standard for incitement under Brandenburg v. [read post]
15 Sep 2020, 3:26 pm by Andrew Koppelman
  It is not clear to me how one could teach certain major free speech cases, such as Brandenburg v. [read post]
8 Feb 2021, 11:05 am by Josh Blackman
I ultimately did not answer this question, but said the question was open under Walter Nixon v. [read post]
31 Dec 2014, 4:51 am by J. Bradley Smith, Esq.
” Volokh thinks DiRosa’s post—even if it advocates murder—advocates murder at some indefinite future time, making it protected speech pursuant to a pair of United States Supreme Court decisions—Brandenburg v. [read post]
9 Nov 2013, 9:07 am by Veronika Gaertner
 Jan von Hein: “The applicability of Art. 5 No. 3 Brussels I-Regulation to damages caused by multiple tortfeasors”  In Melzer v. [read post]
31 Jul 2022, 10:38 am by Eric Goldman
” The “incite violence” piece might survive Brandenburg’s standard. [read post]