The Research On The Brandenburg Test

As one of the basic human rights,the right to freedom of expression is guaranteed in the First Amendment of the Constitution of the United States.However,there is no specific interpretation of "the freedom of speech,or of the press" in this article,which brings difficulties to the definition of relevant concepts and the application of law.The United States is a case law country,and the Supreme Court has the power to interpret the Constitution and amendments through precedent,thereby creating certain judicial standards,delineating boundaries for the free expression of citizens,and constraining the power of the government,which in a sense has played a great role in promoting the development of freedom of expression.The Brandenburg Test,which was born out of Brandenburg v.Ohio State judged by the Supreme Court in 1969,has been regarded by the Supreme Court as an authoritative exposition of the interpretation and application of the First Amendment to protect freedom of expression,was the result of the balance between the conflict of law and politics,and it provides a perfect introduction for studying the system of freedom of expression in the United States.The purpose of this paper is to discuss the advantages and application of Brandenburg Test,to have an insight into the current situation of freedom of expression in the United States and the balance between law and politics in the Brandenburg Test.In addition to the introduction and conclusion,the text is divided into three parts.The first part is the Change of the Standards of Judicial Review of Freedom of Expression in the United States.After the First Amendment was passed,the Bad-Tendency Doctrine was still applied by judges.In 1919,the Clear and Present Danger Test was raised by Judge Holmes in Schenck v.United States,further developed in Gitlow v.New York,and was perfected in Whitney v.California.Subsequently,the Preferred-Position Test was raised by Judge Stone in United States v.Carolene Pro.Co.,and Judge Roberts proposed the Ad Hoc Balancing Test in Schneider v.State of New Jersey,Town of Irvington.The emergence of these principles reflects the tortuous journey of freedom of expression,but in general it is going forward.The second part is the Introduction of the Brandenburg Test.The Brandenburg v.Ohio State of 1969 is a landmark case based on the First Amendment,and the Brandenburg Test arising from this case inherited the concept of liberalism of Clear and Present Danger Testand the Preferred-Position Test,and negated the theoretical basis of the Bad-Tendency Doctrine and the Ad Hoc Balancing Test,and applied to cases such as Hess v.Indiana and National Association for the Advancement of Colored People v.Claiborne Hardware Co.,which had an impact on justice in United States,and was considered a historic step in protecting freedom of expression.The third part is the Analysis of the Brandenburg Test.The conflict between law and politics is inevitable,but they can be balanced and used,and the Brandenburg Test is the result of the supreme court weighing the conflict and pros and cons between individual rights and national interests,which is why the Brandenburg Test is more applicable than other judicial tests.