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0 tracked cards Constitutional Law

At a rally, a speaker says, "Someday the people should refuse to obey unjust eviction orders." The crowd chants but leaves peacefully. The city prosecutes the speaker under a statute banning advocacy of illegal resistance.
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The speech is punishable if a police officer subjectively dislikes its message. The speech is punishable as incitement only if it is directed to producing imminent lawless action and is likely to produce such action. The speech is unprotected if it strongly criticizes government officials. The speech is punishable if it merely advocates illegal conduct at some indefinite future time.

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