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22 May 2020, 9:56 am by Eugene Volokh
United States, 249 U.S. 47 (1919), has evolved into the modern incitement rule of Brandenburg Ohio, 395 U.S. 444 (1969). [read post]
13 Apr 2020, 3:21 am by SHG
Defendant concomitantly argues that, even if her tweets were knowingly false, they are nevertheless protected by the First Amendment because there was no proof that the impact of such speech presented a clear and present danger to the public (see Brandenburg v Ohio, 395 US 444, 447 [1969]). [read post]
25 Mar 2020, 3:29 am by SHG
Adjusting to the moment, he was teaching the First Amendment, which of necessity required the teaching of Brandenburg v. [read post]
3 Mar 2020, 3:52 am by Nicholas Mosvick
In 1969, the “clear and present danger” test was overruled in the landmark Brandenburg v. [read post]
20 Dec 2019, 5:01 am by Eugene Volokh
Yet the First Amendment can't allow that, because Brandenburg v. [read post]
9 Aug 2019, 1:07 pm by David Post
And with respect to the small subset of "hate speech" that is not constitutionally protected—words that are an "incitement to violence" under the standard set forth in Brandenburg v. [read post]
6 Aug 2019, 4:56 am by SHG
But one basic premise of free speech isn’t that we don’t treat speech as “inciting violence” (a label for constitutionally unprotected speech, see Brandenburg v. [read post]
3 Aug 2019, 6:57 am by Eugene Volokh
But one basic premise of free speech isn't that we don't treat speech as "inciting violence" (a label for constitutionally unprotected speech, see Brandenburg v. [read post]
10 Apr 2019, 7:50 am by Eugene Volokh
Ohio, 395 U.S. 444 (1969) (describing when incitement may be criminalized); Miller v. [read post]