Brandenburg+v+Ohio

=Brandenburg V. Ohio:=

February 27, 1969 - June 9, 1969
Leader in the Klu Klux Klan, Brandenburg made a speech at a Klan rally and was later convicted for an Ohio criminal syndicalism. The law said that you couldn’t preform actions that were unlawful methods of terrorism as means of accomplishing industrial or political reform, as well as assembling with any group to teach or advocate the doctrines of criminal syndicalism.

__**Case Basics**__
492
 * Docket No.**

Ohio
 * Appellee**

Brandenburg
 * Appellant**

Warren Court (1967-1969)
 * Decided By**

395 U.S. 444 (1969)
 * Opinion**

Thursday, February 27, 1969
 * Argued**

Monday, June 9, 1969
 * Decided**

**__Conclusion__**
The court's opinion eld that the Ohio low violated Brandenburg's right to free speech. The Court used a two-pronged test to evaluate speech acts: (1) speech can be prohibited if it is "directed at inciting or producing imminent lawless action" and (2) it is "likely to incite or produce such action." The criminal syndicalism act made illegal the advocacy and teaching of doctrines while ignoring whether or not that advocacy and teaching would actually incite imminent lawless action.
 * Decision:** 8 votes for Brandenburg, 0 votes against
 * Legal provision:** Amendment 1: Speech, Press, and Assembly

The failure to make this distinction rendered the law overly broad and in violation of the Constitution.

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