J. Remy Green on Imminence in First Amendment Jurisprudence

In this episode, J. Remy Green, a partner at Cohen & Green PLLC, discusses their article “Digitizing Brandenburg: Common Law Drift Toward a Causal Theory of Imminence,” which is published in the Syracuse Law Review. Green begins by discussing imminence as it has been applied since the pivotal U.S. Supreme Court case of Brandenburg v. Ohio, and how imminence has been conceptualized in a spatiotemporal manner. They continue by noting the uneven and unpredictable application of imminence by courts, arguing that the current system is unsustainable. Noting that the current moment of Brandenburg jurisprudence is ripe for common law innovation, Green proposes using a causal theory of imminence.

Green then explores the underlying First Amendment theory for speech restrictions and briefly discusses market failures in the “marketplace of ideas.” They also note a hypothetical “entrapment machine” presented by Judge Richard Posner and its relationship to the theory of imminence through analogy. They conclude by discussing the application of the causal theory of imminence in the real world and provides insights for students, scholars, and policymakers. They are on Twitter at @j_remy_green.

This episode was hosted by Luce Nguyen. She is on Twitter at @NguyenLuce.

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