Which test would permit forbidding speech that incites illegal action based on its tendency?

• A. Bad Tendency Test
• B. Clear and Present Danger Test
• C. Endorsement Test
• D. Nonpreferentialist Test

Answer: (A)

The main idea here is that speech can be restricted if it has a tendency to lead to illegal action, even without an imminent threat. This is the Bad Tendency Test, a historical standard courts used to forbid speech that, in its very nature, is likely to provoke wrongdoing. It focuses on the potential effect of the speech rather than an immediate danger. By comparison, the Clear and Present Danger test requires an imminent risk, and the Endorsement and Nonpreferentialist tests deal with whether government action favors or favors religion, not incitement to illegal acts. So the Bad Tendency Test best fits the idea of prohibiting speech based on its tendency to incite illegal action.