Brandenburg v. Ohio
Case Date: 07/22/1969
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Brandenburg v. Ohio, 395 U.S. 444 (1969), was a landmark United States Supreme Court case based on the First Amendment to the U.S. Constitution. It held that government cannot punish inflammatory speech unless it is directed to inciting and likely to incite imminent lawless action. Specifically, it struck down Ohio's criminal syndicalism statute, because that statute broadly prohibited the mere advocacy of violence. In the process, Whitney v. California, 274 U.S. 357 (1927) was explicitly overruled, and doubt was cast on Schenck v. United States, 249 U.S. 47 (1919), Abrams v. United States, 250 U.S. 616 (1919), and Dennis v. United States, 341 U.S. 494 (1951).
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