Brandenburg v. Ohio

1969

Venue: SCOTUS

Facts: KKK leader invites a reporter to a meeting, at which there's some cross burning and sloganeering. He gets charged with criminal syndicalism.

Posture: Convicted at trial, fined and sentenced. Challenges the constitutionality of the syndicalism act.

Issue: Is this law constitutional?

Holding: No.

Rule: It's one thing to incite people to lawless action, but just advocating a point of view can't be criminalized.

Reasoning: This was a private meeting, and the things people said were racist, but it was hardly going to start any violence. The fact that this kind of speech is criminalized by the statute means there's something wrong with the statute.

Dicta: