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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.
Brandenburg v. Ohio The Sedition Act of 1918 ( Pub. L. 65–150 , 40 Stat. 553 , enacted May 16, 1918 ) was an Act of the United States Congress that extended the Espionage Act of 1917 to cover a broader range of offenses, notably speech and the expression of opinion that cast the government or the war effort in a negative light or interfered ...
Yates v. United States: Free Speech: 354 U.S. 298 (1957) free speech, distinction between expression of opinion and advocacy of action Morey v. Doud: 354 U.S. 457 (1957) States do not have power to make special exemptions in legislation for particular actors (overruled by City of New Orleans v. Dukes) Roth v. United States: Free Speech: 354 U.S ...
An Ohio federal judge dismissed the case last year, saying she had not shown the "background circumstances" to support her discrimination claim. The 6th Circuit upheld that decision last December.
In Brandenburg v. Ohio (1969), even speech such as "Bury the niggers" and "Send the Jews back to Israel," was held to be protected speech under the First Amendment in a per curiam decision. In addition, despite the speech being broadcast on network television it did not direct to incite or produce imminent lawless action nor was it likely to ...
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
An Ohio law requiring fetal remains to be buried or cremated is unconstitutional under the state's abortion rights amendment, a judge ruled Thursday. Hamilton County Common Pleas Judge Alison ...