In 1969, the Supreme Court ruled in Brandenburg v. Ohio that incitements to “imminent lawless action” that are “likely to...produce such action” are constitutionally unprotected. States, therefore, can prohibit incitements without running afoul of the First Amendment. Was the Court’s ruling correct? Let us recall that the First Amendment prohibits the government from “abridging the freedom of speech.” Preventing speakers from inciting others to “imminent lawless action” means abridging speech. At first blush, then, the Court’s incitement doctrine seems unconstitutional. Then again, the Court...