Venue: |
SCOTUS
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Facts: |
KKK leader invites a reporter to a meeting, at which there's some
cross burning and sloganeering. He gets charged with
criminal syndicalism. |
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Posture: |
Convicted at trial, fined and sentenced. Challenges the constitutionality
of the syndicalism act. |
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Issue: |
Is this law constitutional? |
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Holding: |
No. |
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Rule: |
It's one thing to incite people to lawless action, but just advocating
a point of view can't be criminalized. |
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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. |
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Dicta: |
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