Brandenburg v. Ohio

E33569

First Amendment case United States Supreme Court case landmark decision

Brandenburg v. Ohio is a 1969 U.S. Supreme Court decision that significantly strengthened free speech protections by establishing the "imminent lawless action" test for when advocacy of violence can be punished under the First Amendment.

Observed surface forms (1)

Surface form	Occurrences
Clarence Brandenburg v. State of Ohio	1

Statements (49)

Predicate	Object
instanceOf	First Amendment case ⓘ United States Supreme Court case ⓘ landmark decision ⓘ
appliedToStatesThrough	Fourteenth Amendment ⓘ surface form: Fourteenth Amendment to the United States Constitution
areaOfLaw	constitutional law ⓘ criminal law ⓘ freedom of expression ⓘ
arguedDate	1969-02-27 ⓘ
category	1969 in United States case law ⓘ United States free speech case ⓘ
citation	395 U.S. 444 ⓘ
constitutionalProvision	First Amendment to the United States Constitution ⓘ
court	Supreme Court of the United States ⓘ
decisionDate	1969-06-09 ⓘ
decisionType	per curiam opinion ⓘ
docketNumber	492 ⓘ
establishedTest	imminent lawless action test ⓘ
fullCaseName	Brandenburg v. Ohio self-linksurface differs ⓘ surface form: Clarence Brandenburg v. State of Ohio
holding	Government may punish advocacy of illegal action only where it is directed to inciting or producing imminent lawless action and is likely to incite or produce such action. ⓘ
impact	narrowed the circumstances under which speech advocating violence can be punished ⓘ significantly strengthened free speech protections in the United States ⓘ
jurisdiction	United States of America ⓘ surface form: United States
keyPrinciple	Abstract advocacy of violence is protected speech unless it is directed to inciting imminent lawless action and likely to produce such action. ⓘ The state cannot forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action. ⓘ
legalIssue	First Amendment to the United States Constitution ⓘ surface form: First Amendment freedom of speech criminal syndicalism laws ⓘ incitement to violence ⓘ
locationOfEvents	Ohio ⓘ
modifiedPrecedent	Dennis v. United States ⓘ Schenck v. United States ⓘ
opinionOfTheCourtBy	Per curiam ⓘ
overruledPrecedent	Whitney v. California ⓘ
page	444 ⓘ
petitioner	Clarence Brandenburg ⓘ
precedentialScope	binding on all U.S. federal and state courts ⓘ
rearguedDate	1969-03-10 ⓘ
reporter	United States Reports ⓘ
respondent	Ohio ⓘ surface form: State of Ohio
result	Brandenburg's conviction reversed ⓘ Ohio criminal syndicalism statute held unconstitutional as applied ⓘ
standardReplaced	clear and present danger test ⓘ
stateLawInvolved	Ohio Criminal Syndicalism Act ⓘ
subjectMatter	Ku Klux Klan rally speech ⓘ advocacy of violence ⓘ
subsequentCitationBy	Hess v. Indiana ⓘ NAACP v. Claiborne Hardware Co. ⓘ Virginia v. Black ⓘ
volume	395 ⓘ
vote	unanimous ⓘ

Referenced by (3)

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

Brandenburg v. Ohio → fullCaseName → Brandenburg v. Ohio self-linksurface differs ⓘ

this entity surface form: Clarence Brandenburg v. State of Ohio

First Amendment to the United States Constitution → hasLandmarkCase → Brandenburg v. Ohio ⓘ

Schenck v. United States → relatedCase → Brandenburg v. Ohio ⓘ