https://globalfreedomofexpression.columbia.edu/cases/brandenburg-v-ohio/ Brandenburg vs Ohio There is a difference between calls to violence, which is constitutionally protected speech, and incitement to imminent lawless action. >The Court used a two-pronged test to evaluate laws affecting speech acts: 1. speech can be prohibited if its purpose is to incite or produce imminent lawless action; and 2. doing so is likely to incite or produce such an action.