Free Speech and Incitement in the Twenty-First Century

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.

About the author

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.

Product details

• Authors: Eric T. (University of Wisconsin-Eau Clair Kasper
• Assisted by: Kasper Eric T. (Editor), JoAnne Sweeny (Editor)
• Publisher: State University of New York Press
• Languages: English
• Product format: Paperback / Softback
• Released: 02.11.2025
• EAN: 9798855802030
• ISBN: 9798855802030
• No. of pages: 288
• Series: SUNY series in American Constitutionalism
• Subjects: Non-fiction book > History > Miscellaneous; Social sciences, law, business > Political science > Political science and political education; USA, Human Rights, HISTORY / United States / 21st Century, POLITICAL SCIENCE / Civil Rights, 21st Century, POLITICAL SCIENCE / American Government / Judicial Branch, 21st century history: from c 2000 -, 21st century, c 2000 to c 2100, United States of America, USA, History of the Americas, Human rights, civil rights, Central / national / federal government, Central government