The Dig on Brandenburg vs Ohio
Oct 17, 2022 ·
1h 33m 24s
Brandenburg v. Ohio, 395 U.S. 444 (1969), was a landmark decision of the United States Supreme Court interpreting the First Amendment to the U.S. Constitution.[1] The Court held that the...
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Brandenburg v. Ohio, 395 U.S. 444 (1969), was 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 effectively overturned. ★ Support this podcast on Patreon ★
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