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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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- Spring '10
- Law, First Amendment to the United States Constitution, Ohio Supreme Court, criminal syndicalism law