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Free Speech and Incitement in the Twenty-First Century
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eBook
Free Speech and Incitement in the Twenty-First Century
2025
Overview
Explores the line between free speech protected by the
First Amendment and unprotected incitement to imminent lawless
action.
Free Speech and Incitement in the Twenty-First Century
explores the line between free speech and incitement, which is
a form of expression not protected by the First Amendment.
Incitement occurs when a person intentionally provokes their
audience to engage in illegal or violent action that is likely
to, or will, occur imminently. This doctrine evolved from World
War I through the Cold War and the civil rights movement era,
culminating in a test announced by the US Supreme Court in
Brandenburg v. Ohio (1969). Since the 1970s, this
doctrine has remained largely unchanged by the Supreme Court
and, as such, has received relatively little academic or media
attention. Since the late 2010s, however, violence at political
rallies, armed protests around Confederate statues, social
unrest associated with demonstrations against police, and an
attack on the US Capitol have led to new incitement cases in
the lower courts and an opportunity to examine how incitement
is defined and applied. Authors from different perspectives in
Free Speech and Incitement in the Twenty-First Century
help the reader understand the difference between free speech
and incitement.
Publisher
SUNY Press,State University of New York Press
Subject
ISBN
9798855802047, 9798855802023, 9798855802030
