"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:
“We find it easy to set limits when the issue is safety.... But 99 percent of the time there isn’t imminent danger; most of life takes place on more ambiguous ground, and children are experts at detecting ambivalence.”
—Cathy Rindner Tempelsman (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)
“If, from the very first, the action of the play is absurd, it is because this is the way mad Waltz—before the play starts—imagines it is going to be....”
—Vladimir Nabokov (1899–1977)