Brandenburg v.

Ohio, (1969)

Per Curia (8-0)

Facts: Brandenburg was the leader of the Ohio Ku Klux Klan and in order to gain publicity for
the white supremacy organization he invited Cincinnati reporter and camera crews to attend a
rally. During the rally Brandenburg was filmed saying several things about a march on Congress
a promise of revengeance if the government continued to suppress the white, Caucasian race.
Ohio authorities arrested Brandenburg for violating the Ohio Criminal Syndicalism law
prohibited the advocating of crime, sabotage, violence or unlawful methods of terrorism as a
means of accomplishing industrial or political reform for remarks he made on film.
Issue: Whether the Ohio Criminal Syndicalism law violates the 1st and 14th amendments by
punishing people for advocacy.

Holding: Yes
Reason: The Ohio act purports to punish mere advocacy and assembly with others merely to
advocate the described type of action with criminal action. The justices did not see the speech
as violating the clear present danger test. The statue falls within the condemnation of the 1st and
14th amendments because it limits the free speech of these persons.