Brandenberg V Ohio 1969

Title and Year Brandenberg V Ohio

1969

Court

'  Warren

Majority Opinion

Per Curiam

' Facts/Brief Background

Brandenburg was Klu Klux Klan who invited a Cincinnati reporter to film his klan’s rally. In the rally they had burned down a cross and they spoke something against the government and the President. Brandenburg was arrested for violating a Ohio state law which had banned all forms of speech which may lead to “ crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform, as well as assembling with any group, society or assemblage of persons formed to teach or advocate the doctrines of criminal syndicalism.”

Issue

Did the Ohio’s criminal syndicalism law violate the freedom of speech and freedom of press rights guaranteed by the Bill of Rights? Ruling & Legal Doctrine

The court ruled in favor of Brandenburg. There are two types of speeches which the government can suppress. 1. The speech which is directed at inciting or producing imminent lawless action and 2. The speech which might incite imminent lawless action. But Ohio’s law had made illegal the advocacy and teaching of those doctrines which might provoke lawless action. This clause has made the law overly broad and this law suppresses the essential freedoms guaranteed by the constitution. The court declared the Ohio’s Syndicalism Statute unconstitutional. ' Significance

The court has reversed its position on the first amendment cases and over ruled the decision of Schenck V United States. This case has the set the precedent for the cases dealing with inflammatory speech and the supreme court hasn’t changed its position till now. This decision was used in Dennis V Unites States decision.