In this 1969 case involving the prosecution of a KKK leader…
In this 1969 case involving the prosecution of a KKK leader for violating an Ohio sedition law, the U.S. Supreme Court said, “The constitutional guarantees of free speech and free press do not permit a state to 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 actions.” This test stands today.