"Freedoms of speech do not permit a State to forbid advocacy except where such advocacy is directed to inciting imminent lawless action and is likely to incite such action."

Clarence Brandenburg, a Ku Klux Klan leader, made a speech at a rural Ohio Klan rally which would make todays alleged "far right" look like saints by comparison. His speech made reference to the possibility of "revengeance" against "N*****s", "Jews", and those who supported them and also claimed that "our President, our Congress, our Supreme Court, continues to suppress the white, Caucasian race." At the same meeting, surrounded by white robed and hooded men carrying firearms and burning a cross, he made a speech announcing plans for a march on Congress to take place on the Fourth of July. Another speech advocated the forced expulsion of African Americans to Africa and Jewish Americans to Israel.

For this performance, Brandenburg was charged under Ohio's criminal syndicalism law. The law made illegal to advocate "crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform," as well as assembling "with any society, group, or assembly of persons formed to teach or advocate the doctrines of criminal syndicalism." Brandenburg countered that his speeches were protected under the First and Fourteenth Amendments.

The Supreme Court, in Brandenburg, looked back at the Schenck case, which we previously discussed, and was unsatisfied with the old "clear and present danger" test. Instead they came up with a new "imminent lawless action test" for whether speech was seditious speech or protected speech. This test examined whether "such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action." This was actually a three part test which requires 1) intent to speak, 2) imminence of lawlessness and 3) likely to incite or produce such action.

This case is SO key and relevant today, particularly as Marxists attempt to go on a witchhunt for anyone who dares oppose their control. First the background is relevant, as the speech by Brandenburg was CLEARLY racist, ignorant and vile but even such deplorable speech IS protected by the First Amendment. None of the speech was hear today even comes close to rising to this level directly.

Second, just as it was found that it was unlikely that Brandenburg would actually be able to expel all African and Jewish Americans to their respective, it is equally unlikely that a group of alien-obsessed ravers will be able to successfully storm Area 51 doing a Naruto run. The likelihood of direct violent overthrow of the US government is unlikely in the near future. Thus the accusations against those present on January 6 or who fight the Fauci juice are unjustified. None of these people seriously has the capacity or morale to do so.