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Brandenburg v. Ohio


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:news:  Trump’s speech wasn't even inflammatory compared to what many elected Dems have been doing.

The Brandenburg test remains the standard used for evaluating attempts to punish inflammatory speech, and it has not been seriously challenged since it was laid down in 1969. Very few cases have actually reached the Court during the past decades that would test the outer limits of Brandenburg. The Supreme Court applied the Brandenburg test four years later in Hess v. Indiana.[17]

Edited by Highmark
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