High School

In its 1969 Brandenburg v. Ohio ruling, the Supreme Court established the ______ test.

A. Imminent Lawless Action
B. Lemon
C. SLAPS
D. Clear and Present Danger

Answer :

Final answer:

In its 1969 Brandenburg v. Ohio ruling, the Supreme Court established the imminent lawless action test, stating that advocacy of violence is not punishable in general, but inciting violence is punishable. The correct option is A. Imminent Lawless Action.

Explanation:

In its 1969 Brandenburg v. Ohio ruling, the Supreme Court established the imminent lawless action test. The case dealt with Ohio prosecuting a Ku Klux Klan leader for publicly advocating violence. The Court ruled that the First Amendment does not allow a state statute to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless actions and is likely to incite or produce such action. Essentially, the Court said that advocacy of violence is not punishable in general, but inciting violence is punishable.