Citation. 395 U.S. 444, 89 S. Ct. 1827, 23 L. Ed. 2d 430, 1969 U.S.
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The Petitioner, Brandenburg (Petitioner), a Ku Klux Klan leader, was convicted of advocating unlawful activity in violation of the Respondent, Ohio’s (Respondent), Criminal Syndicalism statute.
Synopsis of Rule of Law.
Speech will be protected as long as it does not incite imminent harm to others.
Facts.
The Petitioner invited a news reporter and film crew to join him at a Klan rally in rural Hamilton County. A film shows the Petitioner speaking at the rally and the existence of pistols, rifles and shotguns at the rally. A second film showed a rally with participants gathered around a large burning cross, with the Petitioner making references to “revengeance.”
Issue.
In the absence of an immediate threat of harm, is this restriction a violation of the Petitioner’s First Amendment constitutional rights?
Held.
Yes. On its face, this statute prohibits assembly with others to advocate a described action.
Discussion.
A conviction for incitement will be upheld only if there is (1) imminent harm; (2) a likelihood of producing illegal action and (3) an intent to cause imminent illegality.
