Under the Minnesota court's opinion, the ordinance bars only "fighting words," those likely to incite violence or produce "imminent lawless action."
May justice be administered by making use of the fruits of a lawless action?
Federal officials and Confederate authorities deplored the lawless actions of these men and both parties desired to break up jayhawking.
The court held that the law was not violated unless someone advocated "imminent lawless action which is likely to occur."
But their lawless actions do not mean the city's efforts have been a failure, much less that it is pointless to extend them.
Imminent lawless action, justification for restriction of free speech, superseding the earlier "clear and present danger"
The Brandenburg test was the Court's last major statement on what government may do about inflammatory speech that seeks to incite others to lawless action.
The Court and the mainstream of public opinion have long tolerated strident dissent, reserving punishment for incitement to imminent lawless action.
The only exception under the First Amendment, the court said, was for advocacy "directed to inciting or producing imminent lawless action."
We do not suggest that the First Amendment forbids a state to prevent "imminent lawless action."