jun 9, 1969 - Brandenburg v. Ohio

Description:

Brandenburg, a leader in the Ku Klux Klan, made a speech at a Klan rally and was convicted due to an Ohio crime syndicate law, which makes gathering with any group that promotes criminal behavior illegal. The court ruled Per Curiam that the law violated Brandenburg's right to free speech. They decided that speech can only be prohibited if it is meant to incite imminent criminal activity or it is likely to incite it.

This court case takes place while the Vietnam War takes place, but they are not related to each other. This case proves that hate speech is free speech and is protected under the First Amendment as long as it isn't meant to incite imminent criminal activity. This is a blurry line, as the KKK has been known to target black people and assault them, so it is not always clear whether or not a speech could incite criminal activity.

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