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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 ...
20 gru 2023 · Barrett. Jackson. The EPA’s enforcement of the Federal Implementation Plan against the applicant States is stayed pending disposition of the applicants’ petition for review in the D.C. Circuit and any petition for writ of certiorari, timely sought. Justice Neil Gorsuch authored the 5-4 majority opinion of the Court.
Ohio's criminal syndicalism statute violated the First Amendment, as applied to the state through the Fourteenth, because it broadly prohibited the mere advocacy of violence rather than the constitutionally unprotected incitement to imminent lawless action.
"Brown v. Ohio." Oyez, www.oyez.org/cases/1976/75-6933. Accessed 4 Jun. 2024.
Brandenburg v. Ohio: A state may not forbid speech advocating the use of force or unlawful conduct unless this advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.
31 mar 2017 · Ohio, 395 U.S. 444 (1969). Case Summary of Brandenburg v. Ohio: Brandenburg, a leader of the KKK, was convicted under Ohio’s Criminal Syndicalism statute, which prohibits advocating violence for political reform. The Ohio Supreme Court affirmed his conviction.
The court adjudged them guilty, and the Court of Appeals for the Eighth Judicial District, Cuyahoga County, affirmed. State v. Terry, 5 Ohio App.2d 122, 214 N.E.2d 114 (1966). The Supreme Court of Ohio dismissed their appeal on the ground that no 'substantial constitutional question' was involved.
