The Brandenburg test rules the intent, likelihood, and imminence. This replaces the clear and present danger saying that something like Brandenburg v Ohio saying that there was an intent and it this action would occur but there was no imminent danger that would not occur it is a more modern test to the clear and present danger test and allows for a more thorough test.
Stochastic terrorism is the public criticism of a person or group that causes and act of violence. However, it is still hard to understand when these actions will happen by a single person.
It is hard to test stochastic terrorism with the Brandenburg test as the FBI doesn’t know the imminence of these people meaning they don’t know when these actions will happen and there for it passes the Brandenburg test and therefore it is protected speech.
I believe that conspiracy theories should be protected under the first amendment as there are many more theories that do not harm the public than harm the public. There is also no intention of most of these theories and Trump basically made his whole campaign out of some theories. As well as the political right there are also many theories that the political left has created about Donald J. Trump like with the Russias coalition with the election. I honestly don’t know if they did or did not and I don’t know if they found any evidence or not. However, I still do believe this is a conspiracy theory but there was no imminent danger that caused this. I do believe that there should be some conspiracy theories that are not protected but it is very hard to draw that line between the two. So if the FBI finds that these are not protected I do see where they came to that conclusion.