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Brandenburg v. Ohio | 395 U.S. 444 (1969)
The First Amendment right to freedom of speech encompasses one of America’s most divisive and hotly debated subjects: the advocacy of violence for political purposes. Does the First Amendment protect politically motived incitement to violence? Does it matter if the speaker’s politics are motivated by hate? The United States Supreme Court considered these questions in Brandenburg versus Ohio.
Clarence Brandenburg was a member of the Ku Klux Klan. He invited a reporter to attend and film a Ku Klux Klan meeting. During the meeting, KKK members brandished weapons and made derogatory remarks about African American and Jewish people. Brandenburg also said, “We're not a revengent organization, but if our President, our Congress, our Supreme Court, continues to suppress the white, Caucasian race, it's possible that there might have to be some revengeance taken.”
After footage of this meeting was aired on television, the state of Ohio charged Brandenburg with violating the Ohio Criminal Syndicalism Act. The act criminalized the advocacy of quote, “crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform,” unquote.
Brandenburg was convicted, and he appealed on the grounds that the act violated his First Amendment right to freedom of speech. The state appellate court affirmed his conviction, as did the Ohio Supreme Court. The United States Supreme Court granted cert.
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