The state of Alaska is concerned about crab fishermen who advocate illegal behavior in response to size requirements placed on their catches by the government. Alaska creates a sedition law that prohibits anyone from advocating illegal behavior to protest a law. Crab fisherman Al Abama is arrested after he is seen on a cable television program about crab fishing advocating that fisherman stop throwing back baby crabs. According to precedent, Alaska's sedition law is constitutional because it prohibits the advocacy of illegal behavior.

Question

Quizplus · Accepted Answer

In the Brandenburg case the Supreme Court made it clear that only "direct incitement" to imminent lawless action could be prohibited. Al's speech is neither direct incitement, nor is the lawless activity imminent.

The State of Alaska Is Concerned About Crab Fishermen Who