Name that Test

Question 1

One recognized exception to free speech is incitement, what must the government show to lawfully punish speech as incitment?

Answer 1

Under the Brandenburg test government can punish speech as incitement (advocating use of force or law violation) if (1) there is substantial likelihood of imminent illegal activity and (2) the speech is intentionally directed at causing the imminent illegal activity.

The person charged with incitement must have specific intent to bring about the lawless action.