"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:
“There is no question but that if Jesus Christ, or a great prophet from another religion, were to come back today, he would find it virtually impossible to convince anyone of his credentials ... despite the fact that the vast evangelical machine on American television is predicated on His imminent return among us sinners.”
—Peter Ustinov (b. 1921)
“The most dangerous criminal now is the entirely lawless modern philosopher. Compared to him, burglars and bigamists are essentially moral men.”
—Gilbert Keith Chesterton (1874–1936)
“Therefore all just persons are satisfied with their own praise. They refuse to explain themselves, and are content that new actions should do them that office. They believe that we communicate without speech, and above speech, and that no right action of ours is quite unaffecting to our friends, at whatever distance; for the influence of action is not to be measured by miles.”
—Ralph Waldo Emerson (1803–1882)