This Article explores the insurrection that occurred at our Capitol in relation to the Brandenburg test. The paper seeks to discuss whether free speech has gone too far, whether Brandenburg needs reform, and how we could effectuate such changes. While the Article certainly has political undertones, sincere efforts were made to present the facts in a more neutral fashion. Despite the political nature of the Article, I wholeheartedly believe that discussing the insurrection is critical to not only our nation’s history, but to the law.
Lauren M. Hausman, THE FALLIBILITY OF THE BRANDENBURG TEST THROUGH THE LENS OF THE CAPITOL INSURRECTION, 45 W. New Eng. L. Rev. 22 (2023), https://digitalcommons.law.wne.edu/lawreview/vol45/iss1/2