Brandenburg vs Ohio
Basic Facts
Brandenburg, who was a member of the Ku Klux Klan, gave a speech at a rally in Ohio, and the state of Ohio convicted Brandenburg for violating violent rallying, but he argued that he had the right of free speech, and the State Court’s decision violated the 1st amendment.
Constitutional Reference
Precedent Established
The Supreme Court said that the Brandenburg’s speech illegally advocated violence, as it says in the Ohio Criminal Syndicalism Law, “crime, sabotage, violence, or unlawful methods of terrorism as a means of terrorism as a means of accomplishing industrial or political reform,” as well as rallying “with any society, group, or assemblage of persons formed to teach or advocate the doctrines of criminal syndicalism.”
However, the Supreme Court also said that this law violated Brandenburg’s right to free speech, as it states in the 1st amendment and also violates the 14th of the US Constitution.
The failure to make this distinction rendered the law overly broad and in violation of the Constitution.
Historic Significance & Significance Today
The immediate impact made by this court decision was that the Ohio Criminal Syndicalism Law was made not as broad, and people began to more understand what was allowed under the 1st Amendment for the right of free speech.
Today, there is more people advocating for their beliefs and holding public meetings and such to discuss them because of this case saying that Brandenburg’s right to free speech was violated. Now a days, this means more people are feeling the right to truly say what they want publically without Judicial Action against them.