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Brandenburg Test

The Brandenburg test is a standard articulated in Brandenburg v. Ohio and reiterated in scholarship and practice, focusing on intent and likelihood of inciting imminent lawless action.

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Jan 13, 2026
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What legal distinctions exist between lawful protest funding (grants, stipends) and illicit payment to incite violence?

Lawful protest funding — grants, stipends, reimbursements — is protected when it supports peaceful assembly, organizing, legal support, or advocacy within First Amendment bounds, whereas payments that...

Jan 16, 2026

How have courts applied the Brandenburg test to cases involving paid organizers or stipends?

Courts apply the Brandenburg test by asking whether speech was “directed to inciting or producing imminent lawless action” and was “likely to incite or produce such action,” a standard articulated in ...