Editing First Amendment Sullivan/Outline
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§ Test protects advocacy, (i.e., mere advocacy of unlawful conduct does not violate test), but not incitement | § Test protects advocacy, (i.e., mere advocacy of unlawful conduct does not violate test), but not incitement | ||
o '' | o ''Brandenburg v. Ohio'' (U.S. 1969, p.785): Klan members videotaped by local news media stating racist views, implying threats if “suppression” of whites does not end, and announcing marches | ||
· '''Alternative Test: Learned Hand Test — Direct Advocacy''' (''Masses'') | · '''Alternative Test: Learned Hand Test — Direct Advocacy''' (''Masses'') |