Imminent lawless action

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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 replaced "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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