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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]
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 ...
However, that holding Whitney was overturned in Brandenburg v. Ohio, 395 U.S. 444 (1969), where the Court replaced the "bad tendency" test with "imminent lawless action" test. Since the Ohio Criminal Syndicalism law criminalized speech that did not incite imminent lawless action, the Ohio law violated the Freedom of Speech clause of the First ...
Brown v. Socialist Workers '74 Campaign Committee , 459 U.S. 87 (1982), was a United States Supreme Court case that dealt with political speech, and whether a state could require a minor political party to disclose its membership, expenditures, and contributors.
Ohralik v. Ohio State Bar Association, 436 US 447 (1978), [1] was a decision by the Supreme Court of the United States that in-person solicitation of clients by lawyers was not protected speech under the First Amendment of the U.S. Constitution.