[jack_h]

The standard as decided in Brandenburg v. Ohio is "imminent lawless action". You're correct that context matters; the speech must be tied to an imminent violation of law. This is a very high bar and in practice is very hard to reach.

[dmix]

Yes the US laws aren't prosecuting speech in isolation, it's always involves some sort of IRL plan to do something illegal. Just like criminal conspiracy laws, they aren't just about telling someone you plan to commit a crime but actually taking earnest steps towards a crime with another party.

[mothballed]

IIRC the "I eat ass" bumper sticker guy lost his attempt to sue the police because judges ruled obscenity is an exception to the 1A.[]

Other examples include "appeal to prurient interest" even when the "interesting" activity is not illegal.

[] https://storage.courtlistener.com/recap/gov.uscourts.flmd.36...