In Yates v. United States and Brandenburg v. Ohio, the government's right to limit speech was overruled by the U.S. Supreme Court because it FAILED to establish which of the following conditions?

Question

Quizplus · Accepted Answer

Both Yates v. United States and Brandenburg v. Ohio involved the government attempting to restrict speech on the basis of potential harm or incitement to violence. In both cases, the Supreme Court overruled the government's attempts to limit speech, citing the "clear and present danger" test established in Schenck v. United States. This test requires the government to show that the speech in question presents a clear and present danger of inciting immediate lawless action, rather than simply being unpopular or controversial. Therefore, D is the correct choice as it refers to the condition that the government failed to establish in both cases.

In Yates V