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In Hess v. Indiana (1973) the Supreme Court considered a case involving a person who at the end of a large street protest said, We'll
In Hess v. Indiana (1973) the Supreme Court considered a case involving a person who at the end of a large street protest said, "We'll take the f---ing street later!" The Court decided that: Group of answer choices The statement was an incitement to imminent lawlessness and was therefore not protected by the First Amendment. The use of profanity amounted to a disturbance of the peace that could be prosecuted. The statement amounted to nothing more than advocacy of illegal action at some indefinite future time and was thus protected. The statement was protected because it was only overheard by one police officer and prosecution of that speech required more evidence than that. Under our system which includes the right to trial by jury, the determination of whether the statement should be punished was best decided by a jury rather than by a judge
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