MC 3080 Chapter : Brandenburg V
Document Summary
Brandenburg v. ohio: being the leader of the kkk in ohio, brandenburg wanted to publicize the group"s agenda by inviting the media to one of their rallies. Because the local media caught him saying racist statements on camera, he was later arrested for violating the ohio criminal. Syndicalism statute and was sentenced to 10 years in jail with a fine. Brandenburg challenged the ohio law under the first and fourteenth amendment. However, the appellate court upheld his conviction and the supreme court of ohio dismissed his appeal. He then appealed to the u. s. supreme court: the legal question is whether or not the ohio criminal syndicalism statute was in violation with the first and fourteenth amendments. Brandenburg"s speech was intended to incite violence, resulting in illegal conduct: judges voted unanimously in brandenburg"s favor, reversing the decision of the lower courts.
