Imminent lawless action is a term used in the United States Supreme Court case Brandenburg v. Ohio (1969) to define the limits of constitutionally protected speech. The rule overturned the decision of the earlier Schenck v. United States (1919), which had established "clear and present danger" as the constitutional limit for speech. Under the imminent lawless action test, speech is not protected by the First Amendment if it is likely to cause violation of the law more quickly than an officer of the law reasonably can be summoned.

The doctrine states that speech that will cause, or has as its purpose, "imminent lawless action" (such as a riot) does not have constitutional protection. As of 2008, "imminent lawless action" continues to be the test applied in free speech cases.

Quotation

Research Resources

• First Amendment Library entry on Brandenburg v. Ohio

See also

• Shouting fire in a crowded theater