Hess v. Indiana

E179509

Hess v. Indiana is a 1973 U.S. Supreme Court case that clarified the limits of the First Amendment's "incitement" exception by holding that an antiwar protester's vulgar statement advocating future lawless action was protected speech.

All labels observed (2)

Label Occurrences
Hess v. Indiana canonical 1
Hess v. State of Indiana 1

How this entity was disambiguated

Statements (47)

Predicate Object
instanceOf First Amendment case
U.S. Supreme Court case
freedom of speech case
areaOfLaw civil liberties
constitutional law
criminal law
category United States Supreme Court case in the Burger Court era
United States free speech case
citation 414 U.S. 105
clarified requirement of imminence for unprotected incitement
scope of the incitement exception to the First Amendment
constitutionalProvision First Amendment to the United States Constitution
Fourteenth Amendment
surface form: Fourteenth Amendment to the United States Constitution
country United States of America
surface form: United States
court Supreme Court of the United States
decisionDate 1973-03-19
decisionType per curiam opinion
fullCaseName Hess v. Indiana self-linksurface differs
surface form: Hess v. State of Indiana
holding The First Amendment protects speech that advocates illegal action at some indefinite future time and is not directed to inciting or producing imminent lawless action.
The petitioner’s statement at an antiwar demonstration was protected speech under the First and Fourteenth Amendments.
impact limited government power to punish advocacy of future lawless action
strengthened protection for offensive political speech
jurisdiction federal question jurisdiction
languageCharacterization vulgar but protected political speech
legalIssue First Amendment freedom of speech
incitement to lawless action
limits of the incitement exception to the First Amendment
lowerCourt Indiana Supreme Court
surface form: Supreme Court of Indiana
lowerCourtOutcome conviction affirmed
majorityOpinionBy William O. Douglas
surface form: Justice William O. Douglas
oralArgumentDate 1973-01-08
page 105
petitioner Gregory Hess
precedent Brandenburg v. Ohio
relatedDoctrine advocacy of illegal conduct
imminent lawless action
reporter United States Reports
respondent Indiana
surface form: State of Indiana
resultForPetitioner conviction overturned
standardApplied Brandenburg v. Ohio
surface form: Brandenburg v. Ohio imminent lawless action test
stateLawInvolved Indiana disorderly conduct statute
subjectMatter antiwar protest
vulgar political expression
supremeCourtOutcome conviction reversed
volume 414
vote 6-3
yearDecided 1973

How these facts were elicited

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Brandenburg v. Ohio subsequentCitationBy Hess v. Indiana
Hess v. Indiana fullCaseName Hess v. Indiana self-linksurface differs
this entity surface form: Hess v. State of Indiana