Final answer:
Daniel Kornstein refers to the Brandenburg v. Ohio SCOTUS decision as setting a standard that speech can only be limited if it incites immediate unlawful action, thus upholding the First Amendment's strong protection of free speech.
Step-by-step explanation:
According to Daniel Kornstein, the Supreme Court decision in Brandenburg v. Ohio specified that the government cannot suppress speech unless it is directed at inciting or producing imminent lawless action and is likely to incite or produce such action.
The ruling emphasized that the mere advocacy of violence or violation of law is not sufficient to overcome the protections granted by the First Amendment. This landmark decision from 1969 has been integral in shaping the boundaries of free speech in the United States.