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In Hess v. Indiana, 414 U.S.105 (1973), the Supreme Court overturned the conviction of a demonstrator in affirming that advocacy of illegal activity in the indefinite future is protected by the First Amendment.
2 The Supreme Court of Indiana, with one dissent, considered and rejected each of Hess constitutional contentions, and ingly affirmed his conviction. The events leading to Hess conviction began with an antiwar demonstration on the campus of Indiana University.
Indiana, 414 U.S. 105 (1973), was a United States Supreme Court case involving the First Amendment that reaffirmed and clarified the imminent lawless action test first articulated in Brandenburg v. Ohio (1969). Hess is still cited by courts to protect speech threatening future lawless action.
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