What happened?
KKK Leader invited reporter to display a meeting. Found guilty of state law violation, Criminal Syndicalism Statute – “voluntarily assembling with any society or group of persons formed to teach or advocate the doctrines of criminal syndicalism “. Advocating violent behavior has been outlawed by this law. He appealed the conviction under 1st and 14th amendment, unsuccessful till heard by US Supreme Court.
Who won?
Brandenburg
Why did they win?
His defense worked. Supreme Court ruled statute was unconstitutional. Used the clear and present danger test (Brandenburg test), which protected speech unless it caused imminent harm. Advocacy and teaching of forcible overthrow of Government is immune from prosecution.
How did the witnesses play a role (how did they go back and forth in their argument)?
Judges brought up the test.
Important terms:
Per Curiam
– Unanimous agreement by a judge (From the court)
Concurring Decision - Agrees with the majority opinion - but NOT with the reasonnig.
Dissenting Opinion - Does not agree with the majority opinions.
Brandenburg Test:
The Brandenburg test was established in Brandenburg v. Ohio, 395 US 444 (1969), to determine when inflammatory speech intending to advocate illegal action can be restricted. ... The speech is “directed to inciting or producing imminent lawless action,” AND. The speech is “likely to incite or produce such action.”
1917
Dangerous Speech
Oliver Wendall Holmes "Clear and Present Danger"