In its 1969 Brandenburg v. Ohio ruling the Supreme Court established the test.?

In its 1969 ruling in Brandenburg v. Ohio, the Supreme Court established the "Brandenburg test" to evaluate speech protected under the First Amendment. The Court held that inflammatory speech is protected unless it is directed to inciting or producing imminent lawless action and is likely to produce such action. This ruling significantly narrowed the scope of permissible restrictions on speech, reinforcing a strong protection for free expression in the United States.