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The Brandenburg Test
Conviction if: 1) express advocacy of law violation; 2) the advocacy must call for immediate law violation; and 3) the immediate law violation must be likely to occur. en français: critère d’action illicite imminente
Brandenburg Test : A conviction for incitement will be upheld only if there is (1) imminent harm; (2) a likelihood of producing illegal action and (3) an intent to cause imminent illegality.
Example : “We’ll take the fucking streets later” : adovacy for law violation BUT NOT IMMEDIATE : later=indefinite time
ladies and gentlemen we are acquitted.
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