What did Brandenburg v. Ohio establish?

Brandenburg v. Ohio established the direct incitement test, which is a crucial legal standard for evaluating cases of free speech. This ruling specifically protects inflammatory speech unless it is aimed directly at inciting imminent lawless action. The Supreme Court determined that the government cannot prohibit speech simply because it is provocative or unpopular, unless it directly incites behavior that poses an immediate danger or threat to public order.

This decision emphasized a high threshold for when speech can be restricted, reinforcing the principle that free speech is broadly protected under the First Amendment. The ruling underscores the importance of distinguishing between abstract advocacy of ideas and specific incitement of illegal acts. This has had lasting implications for how free speech is interpreted and protected in the United States.