Clarify the "Imminent Lawless Action" Test

The Issue

The judgment in the 1969 case Brandenburg v. Ohio formed the "Imminent Lawless Action" test, which is used by the Supreme Court to decide the limits on which speech is protected by the First Amendment. The test concludes that speech can be restricted by the First Amendment if it follows two criteria: 1) The speech invites imminent lawless action and 2) The speech is likely to produce said action. 

These restrictions are unclear and are causing the courts to be flooded with First Amendment trials that must be decided on a case-by-case basis. With each free speech case being decided individually, we are allowing the courts to decide which speech it considers valuable and which speech it does not--ultimately making our speech less free.

Please sign this petition to convince your congressman to propose a bill that more clearly defines the "Imminent Lawless Action" test, so that our speech will continue to be protected while imminent lawless actions will continue to be punished.

This petition had 75 supporters

The Issue

The judgment in the 1969 case Brandenburg v. Ohio formed the "Imminent Lawless Action" test, which is used by the Supreme Court to decide the limits on which speech is protected by the First Amendment. The test concludes that speech can be restricted by the First Amendment if it follows two criteria: 1) The speech invites imminent lawless action and 2) The speech is likely to produce said action. 

These restrictions are unclear and are causing the courts to be flooded with First Amendment trials that must be decided on a case-by-case basis. With each free speech case being decided individually, we are allowing the courts to decide which speech it considers valuable and which speech it does not--ultimately making our speech less free.

Please sign this petition to convince your congressman to propose a bill that more clearly defines the "Imminent Lawless Action" test, so that our speech will continue to be protected while imminent lawless actions will continue to be punished.

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Petition created on November 1, 2010