The Brandenburg v Ohio case deals with imminence and probability. In the Brandenburg case, Brandenburg’s type of speech was not imminent and the likelihood because there was no illegal action that was done, because of this the courts decided to favor Brandenburg. The Brandenburg case can be applied to the Smith’s situation because of imminence and probability. While participating in the protest, Smith walked up to the front of the crowd and was fifteen feet away from the police. The City of Rushmore believes that Smith was about to expose harm because while he was fifteen feet away, his six inch knife was visible to the police because the police could see that the knife was attached to Smith’s pants belt. The City of Rushmore and the police
