I checked to see if it was reported that he incited the taking over of a building on campus.....see if you can find any.
If you can't.....the Supremes already decided:
In Brandenburg v. Ohio (1969), the Supreme Court established the "imminent lawless action" test, limiting government restrictions on speech to cases where it is both directed at inciting imminent violence and likely to produce such action.
Here's a more detailed explanation:
- The Case:
Clarence Brandenburg, a Ku Klux Klan leader, was convicted under an Ohio law that prohibited advocating for violence or crime.
- The Ohio Law:
The law, known as the Criminal Syndicalism Act, made it a crime to advocate for violence or crime as a means of political reform.
- The Supreme Court Ruling:
The Supreme Court overturned Brandenburg's conviction, finding that the Ohio law violated his First Amendment right to free speech.
- The speech must be "directed to inciting or producing imminent lawless action".
- Google.