What best describes the 2-part test for determining when speech incites a riot?

What best describes the 2-part test for determining when speech incites a riot?

• A. Clear and Present danger: speech directed at inciting imminent lawless action and action is reasonably likely to happen.
• B. Speech that is insulting to a public official.
• C. Speech about political opinions.
• D. Speech that is obscene.

Answer: (A)

The main idea is understanding when speech crosses into incitement of imminent lawless action. For speech to be unprotected under this standard, two things must be true: first, the speaker’s message must be directed to inciting or producing imminent lawless action; second, it must be likely to produce such action. This option describes both elements explicitly—aimed at causing imminent unlawful action and showing a reasonable likelihood that it will occur. This is the modern incitement standard from Brandenburg v. Ohio, which focuses on immediacy and probable effect, rather than vague or distant consequences. Other choices describe types of speech that aren’t about incitement to imminent lawless action under this test—insults to officials, general political opinions, or obscene material—each governed by different rules or protections.

The main idea is understanding when speech crosses into incitement of imminent lawless action. For speech to be unprotected under this standard, two things must be true: first, the speaker’s message must be directed to inciting or producing imminent lawless action; second, it must be likely to produce such action. This option describes both elements explicitly—aimed at causing imminent unlawful action and showing a reasonable likelihood that it will occur. This is the modern incitement standard from Brandenburg v. Ohio, which focuses on immediacy and probable effect, rather than vague or distant consequences.

Other choices describe types of speech that aren’t about incitement to imminent lawless action under this test—insults to officials, general political opinions, or obscene material—each governed by different rules or protections.