Brandenburg v. Ohio, 395 U.S. 444 (1969)

"Assembling to advocate crime, violence, or unlawful terrorism
as a means of accomplishing political reform."

Ohio, 1964. Twelve hooded figures gather around a large burning cross, making speeches about revenge on the government, about sending people back to Africa, and Israel. This Ku Klux Klan meeting is led by Clarence Brandenburg. He's later convicted, under the Ohio Criminal Syndicalism Act, of "assembling to advocate crime, violence, or unlawful terrorism as a means of accomplishing political reform"

In 1969 a unanimous Supreme Court declares that state law unconstitutional. The Justices write: "The constitutional guarantee of free speech does not permit a State to forbid advocacy of law violation, except where such advocacy is likely to produce imminent lawless action. A statute which fails to draw this distinction impermissibly intrudes upon the freedoms guaranteed by the First Amendment."

For more...

Advocacy of Unlawful Action Exploring Constitutional Conflicts

Oliver Wendell Holmes: First Amendment Hero First Amendment Cyber-Tribune

Holmes on "Clear and Present Danger"

AMENDMENT 1 Freedom of Religion, Speech, and Assembly

Passed by Congress September 25, 1789. Ratified December 15, 1791.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. [^].

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