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Brandenburg v. Ohio, 395 U.S. 444 (1969), is a landmark decision of the United States Supreme Court interpreting the First Amendment to the U.S. Constitution. [1] The Court held that the government cannot punish inflammatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action".
Brandenburg clarified what constituted a "clear and present danger", the standard established by Schenck v. United States (1919), and overruled Whitney v. California (1927), which had held that speech that merely advocated violence could be made illegal.
King v. Smith; Levy v. Louisiana; Terry v. Ohio, 392 U.S. 1 (1968) - Amicus curiae for John W. Terry; Washington v. Lee; 1969 Brandenburg v. Ohio, 395 U.S. 444 (1969) - represented Clarence Brandenburg; Gregory v. Chicago; Street v. New York; Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969) - represented the ...
Hess v. Indiana, 414 U.S. 105 (1973), was a United States Supreme Court case [1] involving the First Amendment that reaffirmed and clarified the imminent lawless action test first articulated in Brandenburg v. Ohio (1969). Hess is still cited by courts to protect speech threatening future lawless action. [2]
I care less whether fair maps are done by "politicians" or by "citizens" − but it surely will not happen if Issue 1 passes.
For instance, the court applied facial challenges to invalidate challenged statutes in Brown v. Board of Education under the Equal Protection Clause, Brandenburg v. Ohio under the First Amendment, and United States v. Lopez under the Commerce Clause. Also, the article asserts that contrary to popular belief, facial challenges are not framed by ...
Nos. 12-3176, 12-3644 IN THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT CHRISTOPHER HEDGES, et al., Plaintiffs-Appellees, v. BARACK OBAMA, individually and as
In Ohio, statewide ballot measures with a vote margin of 0.25% or less are subject to an automatic recount. Voters may also request and pay for recounts for contests with a larger vote margin.