PLS 460 Brandenburg v Ohio

PLS 460 Brandenburg v Ohio - The legal question is did...

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Brandenburg v Ohio Supreme Court of the United State, 1969 395 U.S. 444, 89 S.Ct. 1827, 23 L.Ed.2d 430 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." The Ohio State Appellate court affirmed. The Ohio Supreme Court refused to hear the case.
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Unformatted text preview: The legal question is did Ohio’s criminal syndicalism law violate Brandenburg’s freedom of speech rights. The decision was reversed. The court decided that Brandenburg freedom of speech rights was violated. The Ohio law was deemed unconstitutional because it did not take into account whether the speech in question was to lead to imminent action. The court decided that speech must present a clear and present danger. Notes: This threats were made under the heading or “revengcy”. Does not meet the clear and present danger. May meet the bad tendency test....
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This note was uploaded on 05/04/2010 for the course PLS 460 taught by Professor Lermack during the Spring '10 term at Bradley.

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PLS 460 Brandenburg v Ohio - The legal question is did...

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