KKK leader Clarence Brandenburg held a meeting in which he made racist remarks and slurs against African-Americans and Jewish people, as well as calls to action against the government.
We must fight the government who are oppressing us!
1964
Brandenburg was arrested for advocating violence under an Ohio state law.
This law is outdated
Supreme Court
Ohio State Police
1968
Brandenburg was convicted by a low-level state court and sentenced to one to ten tears in prison, as well as a $1,000 fine (around $8,000 today).
Court of Common Pleas of Hamilton County,
Court of Common Pleas of Hamilton County
Brandenburg was rejected in the Ohio court of appeals, and the Ohio supreme court declined his case
There is no constitutional question...
The court, in an eight-to-one decision, overturned Brandenburg's conviction on the grounds that he could not be punished if he was not directly inciting violence.
Brandenburg was advocating an idea, not inciting violence.
We should protest that new rule!
The standard set in Brandenburg v. Ohio was that the law may not punish speech unless it directly calls for violence.