Brandenburg v. Ohio 1969
Could Ohio convict a Ku Klux Klan leader for advocating violence at a rally?
395 U.S. 444 (1969)Speech and press
- The question
- Could Ohio convict a Ku Klux Klan leader for advocating violence at a rally?
- What the Court held
- No. Advocacy of force may be punished only when directed to inciting imminent lawless action and likely to produce it.
- The vote
- 8–0. Per curiam.
- Overruled
- Whitney v. California (1927), 42 years earlier.
- Read the opinion
- 395 U.S. 444 (1969), full text
This page summarizes the Court’s judgment in neutral terms. The opinion, concurrences and dissents are the authority; read them for the reasoning.