The "emergency test" says fearful speech can only be punished when it poses a danger of directly causing certain specific, imminent, serious harms.

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The "emergency test" is a standard set by the Supreme Court in the case of Brandenburg v. Ohio, which says that speech can only be punished if it is directed at inciting or producing lawless action and is likely to incite or produce such action. This means that fearful speech can only be punished if it poses a danger of directly causing certain specific, imminent, serious harms, rather than being punished simply because it causes fear or anxiety.

The "Emergency Test" Says Fearful Speech Can Only Be Punished