Download Brandenburg V Ohio Case PNG. (1) speech can be prohibited if it is directed at inciting or producing imminent lawless action and (2) it is likely to incite or produce such action. Doing so is likely to incite or produce such an action.
2 Consider the Brandenburg v Ohio case 1969 What is the ... from www.coursehero.com Brandenburg was convicted in ohio state court, and was fined and sentenced to ten years' imprisonment. Appellant, a ku klux klan leader, was convicted under the ohio criminal syndicalism statute for advocating. Speaking at a rally in rural ohio in 1964, brandenburg said revengeance sic was needed against government institutions for suppressing the caucasian race.
The court's per curiam opinion held that the ohio law violated brandenburg's right to free speech.
By not distinguishing between speech that advocates violence and actual incitement, the ohio law criminalizes speech that the court considers protected. Speech can be prohibited if its purpose is to incite or produce imminent lawless action; Appellant, a ku klux klan leader, was convicted under the ohio criminal syndicalism statute for advocating. 521 (1932), where the constitutionality of the statute was sustained.
