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Brandenburg v. Ohio: Difference between revisions
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|subject=First Amendment | |subject=First Amendment | ||
|appealed_from=Ohio Supreme Court | |appealed_from=Ohio Supreme Court | ||
|overturned=Schenck v. United States | |overturned=Schenck v. United States | ||
|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). | ||
Latest revision as of 03:34, July 14, 2023
| Brandenburg v. Ohio | |
| Court | Supreme Court of the United States |
|---|---|
| Citation | |
| Date decided | June 8, 1969 |
| Appealed from | Ohio Supreme Court |
| Overturned | Schenck v. United States |
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?
Holding
Ohio's criminal statute violated the First Amendment...because it broadly prohibited the mere advocacy of violence rather than the constitutionally unprotected incitement to imminent lawless action.
Rule
The Brandenburg test overrides the Bad Tendency test.
