Imminent Lawless Action

In this episode we look at how the Supreme Court extended and modified the "clear and present danger" test from Schenck in the subsequent cases of Dennis v. United States (1951) and Brandenburg v. Ohio (1969). In Brandenburg, the Court says that the Constitution protects speech that advocates lawlessness or political violence unless that advocacy "is directed and is likely to incite or produce such action."

Om Podcasten

The 1787 Project is the podcast version of the lectures for Professor Justin Dyer's socially-distanced class on the U.S. Constitution at the University of Missouri. Running from August 2020 - May 2021, the course is about how the U.S. Constitution of 1787 frames the way we organize our life together as a political community. Published twice a week, the episodes explore who gets to decide big questions of public policy and why, analyze the design of our national political institutions and the contested boundaries between them, and look at the structure of constitutional rights.