Brandenburg v. Ohio

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In Brandenburg v. Ohio, 395 U.S. 444 (1969), the U.S. Supreme Court overturned the conviction of a member of the Ku Klux Klan for espousing violence. The Court held that an Ohio statute restricting speech was unconstitutional under the First Amendment because the statute failed to recognize that "the mere abstract teaching ... of the moral propriety or even moral necessity for a resort to force and violence, is not the same as preparing a group for violent action and steeling it to such action" (quoting Noto v. United States, 367 U.S. 290, 297-298 (1961)).

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