Brandenburg v. Ohio

Definition

Brandenburg v. Ohio is a landmark Supreme Court case from 1969 that established the standard for determining when speech can be limited under the First Amendment. The ruling held that inflammatory speech is protected unless it incites imminent lawless action or is likely to produce such action. This case significantly shaped the legal landscape surrounding free speech and press freedom, reinforcing strong protections against government censorship.

5 Must Know Facts For Your Next Test

1. The case arose from the conviction of Clarence Brandenburg, a Ku Klux Klan leader, for advocating violence in a televised speech.
2. The Supreme Court overturned Brandenburg's conviction, emphasizing that mere advocacy of illegal conduct does not justify limiting free speech.
3. This decision replaced the earlier 'clear and present danger' test with a more protective incitement standard for free speech cases.
4. Brandenburg v. Ohio solidified the principle that speech could only be limited if it is intended to incite imminent lawless action and is likely to do so.
5. The ruling has been cited in numerous subsequent cases as a foundational precedent in First Amendment jurisprudence.

Review Questions

• How did Brandenburg v. Ohio change the understanding of free speech protections under the First Amendment?
  • Brandenburg v. Ohio redefined the legal standard for restricting free speech by establishing that advocacy of illegal conduct is protected unless it incites imminent lawless action. This shift emphasized stronger protections for free speech compared to earlier interpretations, particularly those based on the 'clear and present danger' test. By setting a higher threshold for limiting speech, this case reinforced the importance of protecting even controversial or inflammatory expressions under the First Amendment.
• Discuss how the incitement standard established in Brandenburg v. Ohio relates to contemporary issues of free speech on social media platforms.
  • The incitement standard from Brandenburg v. Ohio plays a crucial role in discussions about free speech on social media by determining when online expressions can be legally restricted. As platforms grapple with hate speech, misinformation, and calls for violence, they must balance protecting users' rights to express themselves with preventing potential harm. The legal framework set by Brandenburg requires that any limitations on speech must show that such expressions are intended to incite imminent lawless action, a challenging criterion to meet in fast-paced online environments.
• Evaluate the implications of Brandenburg v. Ohio on government censorship efforts and the evolving landscape of media regulation.
  • Brandenburg v. Ohio has significant implications for government censorship and media regulation by establishing a high barrier for justifying restrictions on speech. As governments attempt to navigate issues like national security or public safety, they must contend with this strong precedent protecting free expression. The case empowers individuals and organizations to challenge attempts at censorship, fostering an environment where diverse opinions can thrive despite potential backlash or controversy. This ruling remains pivotal as new media forms emerge, influencing how society balances free speech with responsible discourse.

Related terms

First Amendment:

The amendment to the U.S. Constitution that guarantees freedoms concerning religion, expression, assembly, and the right to petition the government.

Incitement Standard: A legal criterion established by the Supreme Court that defines when speech can be restricted due to its potential to incite illegal activity.

Clear and Present Danger: A legal standard used to determine when speech can be restricted, which considers whether the speech poses an immediate threat to public safety or national security.