Brandenburg v. Ohio - Case Summary and Case Brief

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2022-11-24 03:27:48 -

Brandenburg v. Ohio
Rule of Law or Legal Principle Applied:
The Government cannot punish speech that advocates violence or violation of the law unless that speech
(i) is “directed at inciting or producing imminent lawless action,” and
(ii) is “likely to produce such action.”
https://legaldictionary.net/brandenburg-v-ohio/

Brandenburg v. Ohio Rule of Law or Legal Principle Applied: The Government cannot punish speech that advocates violence or violation of the law unless that speech (i) is “directed at inciting or producing imminent lawless action,” and (ii) is “likely to produce such action.” https://legaldictionary.net/brandenburg-v-ohio/

Following is the case brief for Brandenburg v. Ohio, 395 U.S. 444 (1969). Case Summary of Brandenburg v. Ohio: Brandenburg, a leader of the KKK, was convicted under Ohio’s Criminal Syndicalism statute, which prohibits advocating violence for political reform. The Ohio Supreme Court affirmed his conviction. The U.S. Supreme Court reversed. It found that the Ohio statute punishes mere advocacy [...]

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