![]() United States (1919), Justice Oliver Wendell Holmes Jr. ![]() In applying the clear and present danger test in Schenck v. Many Supreme Court cases upholding restrictions on speech believed to be subversive have relied on the idea that such speech is forbidden because it incites, or is likely to lead to, violence or illegal actions. Brandenburg was arrested in connection with a KKK meeting in which he made anti-Semitic and anti-black statements and advocated for the possibility of "revengeance." The Supreme Court threw out his conviction and issued a new test: Advocacy could be punished only "where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action." (AP Photo) ![]() ![]() Clarence Brandenburg, 48, an officer in the Ku Klux Klan, left, and Richard Hanna, 21, admitted member of the American Nazi Party, pose for a picture following their arrests, Aug. ![]()
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