KKOps are killing us every day!” Additionally, he had also posted a status image depicting a police vehicle with its emergency lights on (but no officers are visible) and a computer-generated image of a gun pointed in the air. For this reason, Ms. Banks was reported to the authorities and arrested. In addition to arresting Ms. Banks, law enforcement searched her home and found materials often used to make bombs, a balaclava, two rifles and a shotgun. So the question remains: Ms. Banks' website has posted posts that incite violence and is it protected by the First Amendment. The answer is simple: his post does not incite violence and is therefore protected by the First Amendment. A clear argument for Ms. Banks' defense is found in the landmark 1969 Supreme Court case, Brandenburg v. Ohio. In this case, a test to establish the laws of incitement was created by the Warren court in a Per curiam decision. The decision created a three-fold test, which is as follows: 1. The act is direct