27.0k views
5 votes
Did Ohio's criminal syndicalism law, prohibiting public speech that advocates various illegal activities, violate Brandenburg's right to free speech as protected by the First and Fourteenth Amendments?

1 Answer

3 votes
Yes, the Ohio criminal syndicalism law was found to violate Brandenburg's right to free speech as protected by the First and Fourteenth Amendments. In the landmark Supreme Court case Brandenburg v. Ohio (1969), the Court ruled that the Ohio law, which prohibited public speech that advocates various illegal activities, was unconstitutional because it was overly broad and violated the First Amendment's guarantee of freedom of speech. The Court held that speech can only be restricted if it is intended to produce "imminent lawless action" and is likely to do so. The Court's decision in Brandenburg v. Ohio established the "Brandenburg test," which is still used today to determine when speech can be restricted based on its content.
User Olegz
by
7.6k points