I think your example *has* been protected speech since the founding of the nation.
Kady M.

But then something like “A Communist Manifesto” and other outright Communist literature is not protected speech then, which was the exact case that our free speech protections evolved to protect.

The court in Yates said that merely advocating the necessity is not sufficient, that one must take concrete steps to make it happen.

Keep in mind the laws used to go after communists are still on the books and specifically those laws forbid advocating violent overthrow of the government. Due to the Supreme Court, however, you can only be prosecuted for doing so if you do something else as well (training an army).

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