Brandenburg test

The Brandenburg test was established after the Brandenburg v. Ohio decision and is used to determine whether speech is inflammatory when referring to illegal action, and therefore can be restricted. It is a two part test that must encompass both elements of the test.^{(Wex Dictionary)}

1. The speech is “directed to inciting or producing imminent lawless action,” AND
2. The speech is “likely to incite or produce such action.”^{(Wex Dictionary)}