---
title: "Brandenburg incitement test — Definition & Meaning"
description: "The Brandenburg incitement test defines when speech advocating illegal conduct loses First Amendment protection, crucial for civil services and law students."
url: "https://modeldiplomat.com/learn/glossary/brandenburg-incitement-test"
---

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Model Diplomat Research Team · Last reviewed June 22, 2026

TL;DR

- The Brandenburg incitement test holds that government may punish advocacy of force or lawless action only when it is directed to inciting imminent lawless action and is likely to produce it.
- What are the three prongs of the Brandenburg test?
- Which earlier precedent did Brandenburg overrule?
- How did Hess v. Indiana refine the test?
- Does Brandenburg protect hate speech and true threats?

[Civil Service & Diplomatic Exams](https://modeldiplomat.com/learn/civil-services/glossary)Updated June 22, 2026

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In Brandenburg v. Ohio (1969), the U.S. Supreme Court reversed the conviction of KKK leader Clarence Brandenburg, holding his filmed advocacy of "revengeance" was protected because it did not incite imminent lawless action.

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