Imminent Lawless Action
Imminent lawless action
is a term used in the
United States Supreme Court
case
Brandenburg v. Ohio
(
1969
), a case concerning
free speech
. The decision in the case overturned the decision of the earlier
Schenck v. United States
(
1919
), which had established the "
clear and present danger
" test. "Imminent lawless action" thus became a test that replace "clear and present danger" in determining the types of speech that were to be treated as
free speech
to be protected by the
U.S. Constitution
.
As of 2004
, "imminent lawless action" continues to be the test applied in free speech cases.
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