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Brandenburg v. Ohio 1969

Brandenburg v. Ohio 1969. By: Hayley Hall March 5, 2011. This case is based on the boundaries of the First Amendment. It proves that authority can and will be questioned if circumstances apply. Asks the question, ”How far is TOO far?”. He’s the Man?.

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Brandenburg v. Ohio 1969

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  1. Brandenburg v. Ohio1969 By: Hayley Hall March 5, 2011

  2. This case is based on the boundaries of the First Amendment. • It proves that authority can and will be questioned if circumstances apply. • Asks the question, ”How far is TOO far?”

  3. He’s the Man? • Clarence Brandenburg was a KKK leader in rural Ohio. • He contacted a Cincinnati television reporter and invited him to come and broadcast a local KKK rally in the summer of 1964. • Only portions were filmed, but men in white robes burning crosses and speeches against blacks and the government were broadcast on the news.

  4. Cuff Me If You Can • Brandenburg was convicted of ”advocating .. . the duty, necessity, or propriety of crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform and voluntarily assembling with any society, group or assemblage of persons formed to teach or advocate the doctrines of criminal syndicalism.” • He was sentenced to one to ten years in prison and fined $1,000.

  5. Ok, let’s try this again. • On appeal, it was said that Brandenburg's conviction violated his First Amendment rights to freedom of speech. • The Supreme Court of Ohio dismissed his appeal without opinion.

  6. And the decision was….

  7. The Decision • The U.S. Supreme Court determined Brandenburg's conviction saying that, “government cannot constitutionally punish abstract advocacy of force or law violation. “ • “The unanimous majority opinion was per curiam (issued from the Court as a group rather than as authored and signed by an individual justice).” • The earlier draft of the majority opinion was composed by Justice Abe Fortas. Unfortunately, he resigned before it could be filed.

  8. A Case to Remember I think that this case was a landmark because: • It questioned the basic rights of citizens issued in the First Amendment. • Because the rally was broadcast on local TV, the local citizens were “front row, center” to the injustice of the KKK. This case was an early example of how the media and public opinion influence the making and testing of our laws. “Public opinion is everything.” ~Abraham Lincoln

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