"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:
“Contrary to all we hear about women and their empty-nest problem, it may be fathers more often than mothers who are pained by the children’s imminent or actual departure—fathers who want to hold back the clock, to keep the children in the home for just a little longer. Repeatedly women compare their own relief to their husband’s distress”
—Lillian Breslow Rubin (20th century)
“When I hear the hypercritical quarreling about grammar and style, the position of the particles, etc., etc., stretching or contracting every speaker to certain rules of theirs ... I see that they forget that the first requisite and rule is that expression shall be vital and natural, as much as the voice of a brute or an interjection: first of all, mother tongue; and last of all, artificial or father tongue. Essentially your truest poetic sentence is as free and lawless as a lamb’s bleat.”
—Henry David Thoreau (1817–1862)
“Thought is the seed of action; but action is as much its second form as thought is its first.”
—Ralph Waldo Emerson (1803–1882)