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The appellant challenged the constitutionality of the criminal syndicalism statute under the First and Fourteenth Amendments to the United States Constitution, but the intermediate appellate court of Ohio affirmed his conviction without opinion.
- 322 U.S. 680
U.S. Supreme Court Hartzel v. United States, 322 U.S. 680...
- 322 U.S. 680
The Supreme Court of Ohio dismissed his appeal, sua sponte, "for the reason that no substantial constitutional question exists herein." It did not file an opinion or explain its conclusions. Appeal was taken to this Court, and we noted probable jurisdiction. 393 U.S. 948 (1968). We reverse.
The U.S. Supreme Court reversed Brandenburg's conviction, holding that government cannot constitutionally punish abstract advocacy of force or law violation. The majority opinion was per curiam , issued from the Court as an institution, rather than as authored and signed by an individual justice.
Mar 31, 2017 · Case Summary of Brandenburg v. Ohio: Brandenburg, a leader of the KKK, was convicted under Ohio’s Criminal Syndicalism statute, which prohibits advocating violence for political reform. The Ohio Supreme Court affirmed his conviction. The U.S. Supreme Court reversed.
In a per curiam opinion (meaning one written “by the court as a whole”), the Supreme Court reversed Brandenburg’s conviction and struck down the Ohio law.
The U.S. Supreme Court found that the Ohio law violated Brandenburg’s right to freedom of speech. The Court used a two-pronged test to evaluate laws affecting speech acts: 1. speech can be prohibited if its purpose is to incite or produce imminent lawless action; and 2. doing so is likely to incite or produce such an action.
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Why is Brandenburg v Ohio important?
He was fined $1,000 and sentenced for up to ten years in prison. In a per curiam opinion (meaning one written “by the court as a whole”), the Supreme Court reversed Brandenburg’s conviction and struck down the Ohio law.
