Brandenburg v. Ohio
395 U.S. 444 (1969)
Author: DK

Facts: Appellant was a KKK member and he was charged under an Ohio criminal statute that made it illegal to advocate the duty, necessity or propriety of crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform.

Issue:  Was the Ohio statute unconstitutional?

Holding: Yes

Rationale:  The current rule is that “the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.”  The Ohio statue punishes the people who merely advocate or teach the duty, necessity, or propriety of violence and thus violates the rights of 1^st Amendment that are applicable to the states through the 14^th Amendment.