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Brandenburg and the United States' War on Incitement Abroad: Defending a Double Standard

26 Pages Posted: 12 May 2011 Last revised: 7 Sep 2012

Lyrissa Barnett Lidsky

University of Missouri School of Law

Date Written: July 19, 2002

Abstract

The United States has expressed justifiable pride over the protection Brandenburg v. Ohio extends to the speech of political dissidents. Nonetheless, the United States has actively called for the suppression of speech in foreign media that falls far short of the incitement standards set forth in Brandenburg. This Article explores whether the US should support censorship of incitement abroad that falls short of true incitement as defined by Brandenburg. More fundamentally, the Article attempts to show that Brandenburg both assumes the existence of, and helps constitute, a distinctively American marketplace of ideas that makes its standards unfit for export to many other countries.

Keywords: First Amendment, incitement

Suggested Citation

Lidsky, Lyrissa Barnett, Brandenburg and the United States' War on Incitement Abroad: Defending a Double Standard (July 19, 2002). Wake Forest Law Review, Vol. 37, No. 1009, 2002. Available at SSRN: https://ssrn.com/abstract=1743654

Lyrissa Barnett Lidsky (Contact Author)

University of Missouri School of Law

Missouri Avenue & Conley Avenue
Columbia, MO 65211
United States

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