Brandenburg v. Ohio 
Author: Lindsey

Facts

A KKK leader made a speech at a KKK rally wherein he talked generally of “revengence” against the government if they continued to suppress the white race.  The leader was convicted under a statute banning the avocation or teaching of crime.   

Issue

Does the statute violate the first amendment because it punishes actions that don’t produce imminent lawless action? 

Holding 
Yes, the statute is unconstitutional.   

Reasoning

Imminence:  The state can’t forbid the advocacy of the use of force unless such advocacy is directed to inciting or producing imminent lawless action and is likely to produce such action.

There was no distinction made at trial between advocacy and incitement to imminent lawless action.   

Judgment

Reversed.