...discredited by later decisions. See Dennis v. United States, 341 US 494, at 507 (1951). These later decisions have fashioned the principle that the constitutional...lawless action and is likely to incite or produce such action.2 As we. 2 It was on the theory that the Smith Act, 54 Stat. 670, 18 USC § 2385, embodied such...

...discredited by later decisions. See Dennis v. United States, 341 US 494, at 507 (1951). These later decisions have fashioned the principle that the constitutional...lawless action and is likely to incite or produce such action.2 As we 2 It was on the theory that the Smith Act, 54 Stat. 670, 18 USC § 2385, embodied such...

...principle underlying the decisions of the last twenty years — that the First Amendment protects advocacy of law violation except "where such advocacy is directed...action and is likely to incite or produce such action." The carefully drawn words of the Convention requiring "direct and public incitement" are thus consistent...

...permit a State to forbid or proscribe advocacy of the use of force or of law violation except when such advocacy is directed to inciting or producing imminent lawless action and is likely to produce such action. (Emphasis added.)6 In conformity with these holdings, proscription of advocacy...

...purports to reiterate a previously determined principle: 32 The constitutional guarantees of free"speech and free press do not permit a. State to forbid or...action and is likely to incite or produce such action. Under present law, therefore, advocacy of armed insurrection can be proscribed only if two elements...

...other actions against Negroes and Jews. The Court set out the constitutional standard as follows: . . . the constitutional guarantees of free speech and free...inciting or producing imminent lawless action and is Ukely to incite or produce such action. (Emphasis added) ' And in a related area, the case of New York...

...The Court held that advocacy of violence or the joining with others to do so could not be proscribed "except where such advocacy is directed to inciting...action and is likely to incite or produce such action." Id., at 447. Clearly the New York questions are not nearly so narrowly drawn. New York seeks to inquire...

...Smith Act fails to comply with the Brandenburg mandate that advocacy can be made criminal only where it is directed "to inciting or producing imminent lawless...action and is likely to incite or produce such action." 395 US at 447 What Initially saved the Smith Act from early extinction was the hysteria of the McCarthy...

...permit a State to forbid or proscribe advocacy of the use of force or of law violation except where Buch advocacy Is directed to inciting or producing Imminent...action and Is likely to Incite or produce such action. 6. The question of formulating a definitive concrete standard is not presented m this matter. For,...

...these freedoms. Even the advocacy of law violation or the use of force may only be proscribed when such advocacy is directed to inciting or producing...lawless action and is likely to incite or produce such action.93 It is not possible, however, to use these adjectival tests to catalogue the situations in...