Nature of the Case
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Facts
The Ohio Criminal Syndicalism Act prohibits 'advocating violent means to effect political and economic changes.' Brandenburg (D) was a Ku Klux Klansman who spoke at a KKK rally. Twelve men gathered wearing hoods, carrying guns, and burned a cross and made speeches. D denounced Jews and calls for the deportation of both Blacks and Jews. D also called for revenge against the government for not upholding white supremacy. D was prosecuted under the Act. D was convicted for advocating and participating in an unlawful political reform organization in violation of the Ohio Criminal Syndicalism Act. D was sentenced to 1-10 years. The evidence was on film from a TV reporter who was invited to the rally. D contends that the statute was unconstitutional under the First and Fourteenth Amendments. The Ohio Supreme Court dismissed the Appeal. The U.S. Supreme Court reversed.
Holding and Decision
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Legal Analysis
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