Brandenberg v Ohio

Brandenberg v Ohio - Brandenburg's right to free speech....

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Brandenberg v. Ohio 1968 I. Facts a. Brandenburg, a leader in the Ku Klux Klan, made a speech at a Klan rally and was later convicted under an Ohio criminal syndicalism law. The law made illegal advocating "crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform," as well as assembling "with any society, group, or assemblage of persons formed to teach or advocate the doctrines of criminal syndicalism." b. II. Legal Questions presented a. Did Ohio's criminal syndicalism law, prohibiting public speech that advocates various illegal activities, violate Brandenburg's right to free speech as protected by the First and Fourteenth Amendments? b. III. Answers a. The Court's Per Curiam opinion held that the Ohio law violated
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Unformatted text preview: Brandenburg's right to free speech. The Court used a two-pronged test to evaluate speech acts: (1) speech can be prohibited if it is "directed at inciting or producing imminent lawless action" and (2) it is "likely to incite or produce such action." The criminal syndicalism act made illegal the advocacy and teaching of doctrines while ignoring whether or not that advocacy and teaching would actually incite imminent lawless action. The failure to make this distinction rendered the law overly broad and in violation of the Constitution. IV. Reasons (by ___) a. Form of argument b. Legal doctrines V. Dissent reasons VI. Concurring reasons Notes...
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This note was uploaded on 05/03/2010 for the course PLS 460 taught by Professor Lermack during the Spring '10 term at Bradley.

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Brandenberg v Ohio - Brandenburg's right to free speech....

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