A Taste of Justice: 1st Amend. (3) Unprotected Speech that Advocates Illegal Action-Historical Cases

Streaming Media

Document Type


Publication Date



The purpose of his presentation is to continue the discussion of unprotected categories of speech. Remember, generally, government may not regulate the Content of Pure Speech UNLESS...and there are several unless-es. Generally, government may not regulate the Content of Pure Speech UNLESS government meets the most exacting level of scrutiny. However, government may regulate the Content of Pure Speech if the speech is in an UNPROTECTED category (which government generally may regulate with a low level rational basis). The first category of unprotected speech to be presented is "Speech that Advocates Illegal Action." This presentation will discuss the HISTORICAL CASES, the next presentation will discuss the modern day Brandenburg test, then a presentation will discuss a post 9/11 case about foreign terrorism. This YouTube Channel is designed to provide my students supplemental instruction, as I teach them remotely. I want them to "take a soak" in the law and not a quick shower. This Channel is also designed to provide learning to the broader community. Learning can lead to enlightenment, and enlightenment to justice...or, at least, to a taste of justice.

Streamed content available below.