Answer :
Final answer:
The three-part test for determining 'imminent lawless action' does not include 'clear and present danger' or 'readily incitement to violence'. These were used in earlier cases but were replaced by the 'imminent lawless action' test.
Explanation:
In determining the 'imminent lawless action', a three-part test is typically applied by the court as established in the landmark case of Brandenburg v. Ohio. This test includes: 1) speech can be prohibited if it is directed at inciting or producing imminent lawless action, 2) and it is likely to incite or produce such action. Therefore, the Clear and present danger and Readily incitement to violence aren't parts of this legal test. The 'clear and present danger' test was indeed used before in cases like Schenck v. United States, but was later replaced by the 'imminent lawless action' test.
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