What Is the Direct Incitement Test?

By Staff WriterLast Updated Apr 9, 2020 5:06:19 AM ET

The direct incitement test, also known as the imminent lawless test or Brandenburg test, is a standard that was established in Brandenburg versus Ohio for defining the limits of inflammatory speech that advocates illegal action. Under the direct incitement test, the constitutional right of free speech is no longer protected if the speaker advocates to incite imminent lawless action that is likely to produce such action.