How have the courts treated charges of incitement to imminent lawless action against a man who was standing in front of a police officer at the scene of a traffic light?
MultiRegion, United States of America
The following excerpt is from U.S. v. Rowlee, 899 F.2d 1275 (2nd Cir. 1990):
Appellants' principal argument in both the district court and this court is that they were simply exercising their First Amendment right of free speech. Relying principally on the "incitement to imminent lawless action" holding of Brandenburg v. Ohio, 395 U.S. 444, 447-49, 89 S.Ct. 1827, 1829-31, 23 L.Ed.2d 430 (1969), 1 they contend that the district court did not charge
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