Study Material.pdf - Cases to Study Read chapters 1,3,10,7,2,4,5 in the book Brandenburg v Ohio p 56 Q3 Speech Incitement to unlawful action Summary

Study Material.pdf - Cases to Study Read chapters...

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Cases to Study Read chapters: 1,3,10,7,2,4,5 in the book Brandenburg v. Ohio, p. 56, Q3 // Speech Incitement to unlawful action Summary: - Brandenburg, a KKK member, telephoned an announcer-repost-er on the staff of a Cincinnati television station and incited him to come to e KKK rally held at a farm in Hamilton County. A team of reporters and cameraman recorded the rally and broadcasted it later on the local station and on a national network. The recordings showed 12 hooded figures & some carried firearms. No one was present besides the participants in the rally and the camera crew and reporters. Most of the words uttered in the rally were incomprehensible. It mainly showed Brandenburg giving a speech about how big their clan has become, that white caucasians are being suppressed by the government and promoting when their next marches will take place. Brandenburg also made a comment in the second video saying the N-word, but Brandenburg did not carry a weapon during his jspeech. - Legal Rules Applied in Case - The Ohio Criminal Syndicalism Statute: - The constitution guarantees that free speech and free press do not permit a State to stop groups to petition if the protesters are inciting or producing imminent lawless action and is likely to provoke or produce action - Measured by the Ohio’s Criminal Syndicalism Act - 2 Questions to ask: - 1. Speech can be prohibited if it is directed at inciting or producing imminent lawless action? (yes) 2. Is it likely to incite or produce such action? (cannot be proven) - What happened to Brandenburg? - The Ohio State ruled in favor of Brandenburg, because Ohio laws prohibited the delivery of expression and speech directly which violated the 1st Amendment to the United States Constitution. The 1st Amendment is the reason why Brandenburg won the case. - ***Brandenburg teaching others to be iviolent is not the same as causing violence so it is his first amendment right.*** Texas v. Johnson, p. 58, Q2 Virginia v. Black, p. 65, Q3 // Cross Burning
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- K_FpQX5CkU/edit#slide=id.p Reed v. Town of Gilbert, p. 82, Q4 // Signs, content regulation Summary: - Reed is a pastor who wished to set up sign in order to advertise the time and location of their Sunday Church services. The church does not own their own building, so it holds its services at elementary schools or other location in or near their small Town. The church places 15-20 temporary signs around the Town in the public right-of-way abutting the street. The signs had the church’s name, time, location and upcoming services. Church members posted the signs early in the morning on Saturday and them removed them around midday on Sunday. This caught the attention of the Town’s Sign Code compliance manager, who twice cited the Church for violating the Code. Reed contacted the Sign Code Compliance Department in an attempt to reach accommodation, and it was unsuccessful. The Town’s Code compliance manager told the church that there would be “no leniency under the Code” and promised to punish any future violations. Shortly after,
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