Brandenburg v. Ohio

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Brandenburg v. Ohio
Court Supreme Court of the United States
Citation
Date decided June 8, 1969
Appealed from Ohio Supreme Court
Overturned Schenck v. United States

Facts

Brandenburg (defendant) was a leader of the Ku Klux Klan in Ohio (plaintiff).

In front of a reporter in the late 1960s, Brandenburg publicly made hateful statements against Jews and black people.

Procedural History

Government lawyers of the state of Ohio used the Ohio Criminal Syndicalism Act (OCSA) to prosecute and convict Brandenburg.

The appellate and Supreme Courts of Ohio affirm Brandeburg's conviction.

Issues

Is incitement to violence protected by the First Amendment?

Holding

Ohio's criminal statute violated the First Amendment...because it broadly prohibited the mere advocacy of violence rather than the constitutionally unprotected incitement to imminent lawless action.

Rule

The Brandenburg test overrides the Bad Tendency test.

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