Brandenburg v. Ohio
1969 United States Supreme Court case / From Wikipedia, the free encyclopedia
Dear Wikiwand AI, let's keep it short by simply answering these key questions:
Can you list the top facts and stats about Brandenburg v. Ohio?
Summarize this article for a 10 year old
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".[2][3]: 702 Specifically, the Court struck down Ohio's criminal syndicalism statute, because that statute broadly prohibited the mere advocacy of violence. In the process, Whitney v. California (1927)[4] was explicitly overruled, and Schenck v. United States (1919),[5] Abrams v. United States (1919),[6] Gitlow v. New York (1925),[7] and Dennis v. United States (1951)[8] were overturned.
Brandenburg v. Ohio | |
---|---|
Argued February 27, 1969 Decided June 9, 1969 | |
Full case name | Clarence Brandenburg v. State of Ohio |
Citations | 395 U.S. 444 (more) 89 S. Ct. 1827; 23 L. Ed. 2d 430; 1969 U.S. LEXIS 1367; 48 Ohio Op. 2d 320 |
Case history | |
Prior | Defendant convicted, Court of Common Pleas, Hamilton County, Ohio, (Dec. 5, 1966); affirmed without opinion, Court of Appeals of the First Appellate District of Ohio, (Feb. 16, 1968); appeal dismissed without opinion, Supreme Court of Ohio (June 12, 1968); probable jurisdiction noted, 393 U.S. 948 (1968). |
Subsequent | None |
Holding | |
Ohio's criminal syndicalism statute violated the First Amendment, as applied to the state through the Fourteenth, because it broadly prohibited the mere advocacy of violence rather than the constitutionally unprotected incitement to imminent lawless action. | |
Court membership | |
| |
Case opinions | |
Per curiam | |
Concurrence | Black |
Concurrence | Douglas |
Laws applied | |
U.S. Const. amends. I, XIV; Ohio Rev. Code § 2923.13 | |
This case overturned a previous ruling or rulings | |
|