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College

Which court decision declared that speech can only be limited if it is directed to inciting or producing imminent lawless action and is likely to incite or produce such action?

a) Chaplinsky v. New Hampshire
b) Brandenburg v. Ohio
c) Cohen v. California
d) Virginia v. Black

Answer :

Final answer:

The Supreme Court decision in Brandenburg v. Ohio declared speech is not protected by the First Amendment if it is intended to incite imminent lawless action and is likely to do so.

Explanation:

The Court decision that declared that speech can only be limited if it is directed to inciting or producing imminent lawless action and is likely to incite or produce such action is Brandenburg v. Ohio.

In Brandenburg v. Ohio (1969), the Supreme Court established the imminent lawless action standard. This case involved Ohio prosecuting a Ku Klux Klan leader for advocating violence. The Court ruled that the First Amendment does not permit a state to forbid advocacy of the use of force or of law violation except where advocacy is aimed at inciting or resulting in imminent lawless actions and is likely to achieve that result. Essentially, the Court determined that while advocating violence generally is not punishable, directly inciting violence is.