 For two decades after the Dennis decision , free speech issues related to advocacy of violence were decided using balancing tests such as the one initially articulated in Dennis . In 1969 , the court established stronger protections for speech in the landmark case Brandenburg v. Ohio which held that " the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action " . Brandenburg is now the standard applied by the Court to free speech issues related to advocacy of violence . 
