| United States. National Commission on Reform of Federal Criminal Laws - 1970 - 798 pages
...do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except when such advocacy is directed to inciting or producing imminent lawless action and is likely to produce such action. (Emphasis added.) 8 In conformity with these holdings, proscription of advocacy... | |
| United States. Congress. House. Committee on Internal Security - 1971 - 974 pages
...that advocacy of violence or the joining with others to do so could not be proscribed "except where such advocacy is directed to inciting or producing...lawless action and is likely to incite or produce such action." Id., at 447. Clearly the New York questions are not nearly so narrowly drawn. New York seeks... | |
| United States. Congress. Senate. Judiciary - 1971 - 300 pages
...Smith Act fails to comply with the Brandenburg mandate that advocacy can be made criminal only where it is directed "to inciting or producing imminent lawless action and is likely to incite or produce such action." 395 US at 447 What Initially saved the Smith Act from early extinction was the hysteria of... | |
| United States. Congress. Senate. Committee on the Judiciary - 1972 - 1362 pages
...limiting these freedoms. Even the advocacy of law violation or the use of force may only be proscribed when such advocacy is directed to inciting or producing...non-speech elements may be combined in the same course of conduct.94 This requirement of an extraordinary government interest seems to be primarily a rhetorical... | |
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