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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".
The court ruled unanimously that although she had not committed any crimes, her relationship with the Communists represented a "bad tendency" and thus was unprotected. The "bad tendency" test was finally overturned in Brandenburg v. Ohio (1969) and was replaced by the "imminent lawless action" test.
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.
In the 1969 case Brandenburg v. Ohio, the U.S. Supreme Court ruled that a statute that punishes mere advocacy and forbids, on pain of criminal punishment, assembly with others merely to advocate the described type of action, falls within the condemnation of the First and Fourteenth Amendments. Justice Louis Brandeis argued in Whitney v.
Mike Curtin: Why Citizens Not Politicians worked to collect far more than the required 413,488 valid signatures for voting district reform in Ohio. Ohio leaders can't be trusted to put good of ...
A protester holds up a large black power raised fist in the middle of the crowd that gathered at Columbus Circle in New York City for a Black Lives Matter Protest spurred by the death of George Floyd.
The Brandenburg v. Ohio U.S. Supreme Court decision maintains that seditious speech – including speech that constitutes an incitement to violence – is protected by the First Amendment to the United States Constitution as long as it does not reach a level "where such advocacy is directed to inciting or producing imminent lawless action and ...
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