"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:
“In the zone of perdition where my youth went as if to complete its education, one would have said that the portents of an imminent collapse of the whole edifice of civilization had made an appointment.”
—Guy Debord (b. 1931)
“Sharked up a list of lawless resolutes.”
—William Shakespeare (1564–1616)
“For the child whose impulsiveness is indulged, who retains his primitive-discharge mechanisms, is not only an ill-behaved child but a child whose intellectual development is slowed down. No matter how well he is endowed intellectually, if direct action and immediate gratification are the guiding principles of his behavior, there will be less incentive to develop the higher mental processes, to reason, to employ the imagination creatively. . . .”
—Selma H. Fraiberg (20th century)