When Clarence Brandenburg vacated the street at a Ku Klux Klan cross-burning rally as ordered but threatened to reoccupy it later,the Supreme Court overturned his conviction by arguing that government can only restrict speech when it

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The Supreme Court overturned Brandenburg's conviction by ruling that the government can only restrict speech when it incites an "imminent" lawless action. This became known as the "imminent lawless action" test and is still used today to determine when speech can be restricted.

When Clarence Brandenburg Vacated the Street at a Ku Klux