Claims: about brandenburg test

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04 Feb 2026
The US Brandenburg test requires words to be intended to cause violence, likely to cause violence, and the violence must be imminent for prosecution.

And the test that was established since that precedent was that any words that can be convicted for incitement to violence, they have to be intended to cause violence, likely to cause violence, and the violence must be imminent. And if you satisfy that threshold, you can be prosecuted in the US for incitement to violence.