Praxis II Citizenship

Answer: C -If a citizen fails the test of “imminent lawless action” the government can restrict their First Amendment rights, which otherwise guarantee protection for their freedoms of speech, assembly, press, and religion, as well as their right to petition the government. According to the Supreme Court’s decision in Brandenburg v. Ohio (1969), a person’s freedom of speech (as well as any of the four other freedoms, if they were being abused as well) is not protected under the Constitution if their speech incites imminent lawless action. To establish imminent lawless action, three criteria must be met: it is intended to incite or produce imminent lawless action, it is likely to incite such action, and such action is likely to occur imminently. Essentially, it must be a call to arms with an encouragement to strike a specific target at a certain time in the near future. A speaker is legally allowed to urge listeners to commit violent acts as long as they don’t have a specific target and they are not set to act at a specific time.