Brandenburg v. Ohio: Difference between revisions

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|date=June 8, 1969
|date=June 8, 1969
|subject=First Amendment
|subject=First Amendment
|appealed_from=Ohio Supreme Court
|case_treatment=No
|case_treatment=No
|facts=Brandenburg (defendant) was a leader of the Ku Klux Klan in Ohio (plaintiff).
|facts=Brandenburg (defendant) was a leader of the Ku Klux Klan in Ohio (plaintiff).
Line 8: Line 9:
In front of a reporter in the late 1960s, Brandenburg publicly made hateful statements against Jews and black people.
In front of a reporter in the late 1960s, Brandenburg publicly made hateful statements against Jews and black people.
|procedural_history=Government lawyers of the state of Ohio used the Ohio Criminal Syndicalism Act (OCSA) to prosecute and convict Brandenburg.
|procedural_history=Government lawyers of the state of Ohio used the Ohio Criminal Syndicalism Act (OCSA) to prosecute and convict Brandenburg.
The appellate and Supreme Courts of Ohio affirm Brandeburg's conviction.
|issues=Is incitement to violence protected by the [[First Amendment]]?
|issues=Is incitement to violence protected by the [[First Amendment]]?
|comments=*[[Constitutional_Liberties#Brandenburg_v._Ohio]]
|comments=*[[Constitutional_Liberties#Brandenburg_v._Ohio]]

Revision as of 20:41, January 6, 2023

Brandenburg v. Ohio
Court Supreme Court of the United States
Citation
Date decided June 8, 1969
Appealed from Ohio Supreme Court

Facts

Brandenburg (defendant) was a leader of the Ku Klux Klan in Ohio (plaintiff).

In front of a reporter in the late 1960s, Brandenburg publicly made hateful statements against Jews and black people.

Procedural History

Government lawyers of the state of Ohio used the Ohio Criminal Syndicalism Act (OCSA) to prosecute and convict Brandenburg.

The appellate and Supreme Courts of Ohio affirm Brandeburg's conviction.

Issues

Is incitement to violence protected by the First Amendment?

Comments

Resources