High School

Speech may be regulated if it is intentionally directed at inciting imminent lawless action and is likely to produce said action. This falls under this test:

A. Smith test
B. Brandenberg Test
C. Obscenity test
D. Miller test

Answer :

B. In Brandenburg v. Ohio (1969), the Supreme Court established the imminent lawless action standard, which is used to determine when speech can be regulated. The correct answer is the Brandenburg Test. The standard protects speech unless it is directed to inciting imminent lawless action and is likely to produce such action.

In Brandenburg v. Ohio (1969), the Supreme Court established the imminent lawless action standard for regulating speech. The Court ruled that the First Amendment protects speech advocating violence or lawlessness unless it is directed to inciting imminent lawless action and is likely to produce such action.

This standard means that speech is only punishable if it meets these specific criteria, thus ensuring that mere advocacy of violence is not enough for prosecution.