Overview

Explores the line between free speech protected by the First Amendment and unprotected incitement to imminent lawless action. Free Speech and Incitement in the Twenty-First Century explores the line between free speech and incitement, which is a form of expression not protected by the First Amendment. Incitement occurs when a person intentionally provokes their audience to engage in illegal or violent action that is likely to, or will, occur imminently. This doctrine evolved from World War I through the Cold War and the civil rights movement era, culminating in a test announced by the US Supreme Court in Brandenburg v. Ohio (1969). Since the 1970s, this doctrine has remained largely unchanged by the Supreme Court and, as such, has received relatively little academic or media attention. Since the late 2010s, however, violence at political rallies, armed protests around Confederate statues, social unrest associated with demonstrations against police, and an attack on the US Capitol have led to new incitement cases in the lower courts and an opportunity to examine how incitement is defined and applied. Authors from different perspectives in Free Speech and Incitement in the Twenty-First Century help the reader understand the difference between free speech and incitement.

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Reviews

""This is a substantial contribution to the field of free speech law because it looks to new challenges to the Brandenburg test and toward horizons of future free speech jurisprudence in ways that are both critically important to our contemporary politics and scholarly impactful to the field. This volume ranges across a number of pertinent problems and issues with the incitement test in a way that both informs and updates scholars but also calls on them to analyze and critically reflect. It certainly deepened my understanding of free speech law."" — Jay Douglas Steinmetz, author of Beyond Free Speech and Propaganda: The Political Development of Hollywood, 1907–1927

Author Information

Eric T. Kasper is Professor of Political Science and Director of the Menard Center for Constitutional Studies at the University of Wisconsin-Eau Claire. He is the coauthor of The Supreme Court and the Philosopher: How John Stuart Mill Shaped US Free Speech Protections. JoAnne Sweeny is a Professor of Law at the Louis D. Brandeis School of Law, University of Louisville. Her primary area of scholarship is the freedom of expression and feminist jurisprudence.

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