AP United States Government and Politicshardmcq1 pt

A state passes a law prohibiting any speech that advocates the violent overthrow of the government, regardless of whether the speech is likely to incite immediate lawless action. Based on Supreme Court precedent, this law is likely to be struck down because it violates which constitutional principle?

A.The clear and present danger test
B.The imminent lawless action standard
C.The bad tendency rule
D.The lemon test

Explanation

Core Concept

This is correct. Under Brandenburg v. Ohio, the government cannot forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.

Correct Answer

BThe imminent lawless action standard

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