Brandenburg v. Ohio established which standard for restricting speech?

• A. Clear and present danger
• B. Imminent lawless action
• C. True threat
• D. Substantial disruption

Answer: (B)

The main idea is the limits on government power to restrict speech when it could lead to illegal action. Brandenburg v. Ohio set the modern incitement standard: speech can be restricted only if it is directed to inciting or producing imminent lawless action and is likely to produce such action. This tightens the protection by requiring both intent to cause immediate illegal activity and a high likelihood that it will occur. Mere advocacy or expressions of hostility are protected speech unless they are meant to cause and are likely to cause immediate illegal acts.

This differs from the earlier clear and present danger idea, which looked at potential danger in a broader sense. It also stays distinct from true threats, which punish expressions that target individuals with threats of violence, and from the substantial disruption standard often used in school settings.