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Under the standard established by the Supreme Court in Brandenburg v. Ohio, (1969), the expression of free speech may be denied if it creates a danger of "imminent lawless action." The court held there are three criteria that must be met before legal intervention can take place:

  1. Intent: The speaker must intend to cause others to break the law.
  2. Imminence: Conditions are such that the lawless action may happen immediately.
  3. Likelihood: There is a strong likelihood that lawless action will occur.

Case Citation:

Brandenburg v. Ohio, 395 US 444 (1969)

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