Centreville, VA asked in Constitutional Law for Virginia

Q: BRANDENBURG V. OHIO, 395 U. S. 444 (1969)So advocacy of violence is fine but incitement of violence is not protected?

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1 Lawyer Answer
Robert Jason De Groot
Robert Jason De Groot
Answered
  • Criminal Law Lawyer
  • Deltona, FL

A: The Court held that government cannot punish inflammatory speech unless that speech is directed to inciting, and is likely to incite, imminent lawless action.

You have already made your own conclusion. Advocacy of violence is not fine. Those are your words.

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