"Imminent lawless action" is a standard currently used, and that was established by the United States Supreme Court in Brandenburg v. Ohio (1969), for defining the limits of freedom of speech. Brandenburg clarified what constituted a "clear and present danger", the standard established by Schenck v. United States (1919), and overruled Whitney v. California (1927), which had held that speech that merely advocated violence could be made illegal. Under the imminent lawless action test, speech is not protected by the First Amendment if the speaker intends to incite a violation of the law that is both imminent and likely. While the precise meaning of "imminent" may be ambiguous in some cases, the court provided later clarification in Hess v. Indiana (1973). In this case, the court found that Hess's words did not fall outside the limits of protected speech, in part, because his speech "amounted to nothing more than advocacy of illegal action at some indefinite future time," and therefore did not meet the imminence requirement.
Famous quotes containing the words imminent, lawless and/or action:
“It was almost two years ago, while awaiting the imminent birth of my second child, that I decided to start working part-time. This would have been unthinkable to me when I was younger. At twenty-five I should have worn a big red A on my chest; it would have stood for ambition, an ambition so brazen and burning that it would have reduced Hester Prynne’s transgression to pale pink.”
—Anna Quindlen (20th century)
“The true, prescriptive artist strives after artistic truth; the lawless artist, following blind instinct, after an appearance of naturalness. The one leads to the highest peaks of art, the other to its lowest depths.”
—Johann Wolfgang Von Goethe (1749–1832)
“Power is action; the electoral principle is discussion. No political action is possible when discussion is permanently established.”
—Honoré De Balzac (1799–1850)