Ruling in District of Brandenburg v. Ohio, on June 9, 1969, the majority opinion declared, “Since the statute, by its words and as applied, purports to punish mere advocacy and to forbid, on pain of criminal punishment, assembly with others merely to advocate the described type of action, it falls within the condemnation of the First and Fourteenth Amendments. Freedoms of speech and press do not permit a State to forbid advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.”
The question presented was:
Whether Ohio’s Criminal Syndacism law violated Bradenburg’s rights under the First and Fourteenth Amendments.
The opinion
Read the full rulingPDF · 413.50 KBPublished by the Library of Congress.
Oral argument
Listen at OyezOffsiteThe Court's own audio archive begins with the 2010 term, so this argument is held by Oyez rather than by supremecourt.gov.
