What Is The Name Of Case Brandenburg V. Ohio 395 US

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1. Name of Case Brandenburg v. Ohio 395 U.S. 444, 89 S.CT. 1827 (1969) 2. Facts of the Case Clarence Brandenburg was arrested for violating the Ohio Criminal Syndicalism Statute. Brandenburg was Brandenburg was the leader of a Ku Klux Klan chapter. Brandenburg was arrested for assembling to advocate violence and crime under the act. Brandenburg has spoken at a small group of Klan wizards. Some men had weapons, and there was a burning cross. Brandenburg stated that revolution might be necessary if Caucasians continued to be oppressed. Two films of the rally were used against Brandenburg in trial. After going through the state appellate court and the state supreme court Brandenburg appealed to the Supreme Court. 3. Questions of the Case Did the Ohio Criminal Syndicalism Statute violate Clarence Brandenburg’s First and Fourteenth Amendment rights? 4. Holding Yes. The Court ruled unanimously in favor of Clarence Brandenburg. 5. Opinion of the Court …show more content…

Clarence Brandenburg was prosecuted for violating the Ohio Criminal Syndicalism statute for convening to promote criminal activity. Brandenburg argued the statute violated his First and Fourteenth Amendment rights. The Court is reversing Brandenburg’s conviction. Brandenburg called a reporter on a Cincinnati television channel to advertise an upcoming rally. The television reporter went to the rally to film the events. The film showed 12 people in hoods carrying guns with a burned cross. The 12 Klan members were making insulting remarks about African Americans and Jews. No other people were at the event accept the 12 hooded figures and the reporter. A second video showed six Klan members including Brandenburg discussing “revengeance” and the mass deportation of Jews and African Americans. Some of the Klan members held weapons during the film, but not Brandenburg (O’Brien

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