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Brandenburg v. Ohio (1969)

In this freedom of speech case, the Supreme Court held that the First and Fourteenth Amendments protected speech advocating violence at a Ku Klux Klan rally because the speech did not call for “imminent lawless action,” nor was it likely to immediately cause such action. The decision held: “Freedoms of speech and press do not permit a State to forbid advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.”

The case touched on constitutional principles including individual rights and limits on rights, and civic values including moderation, respect, responsibility, courage, and consideration.

Explore Landmark Supreme Court Cases!

For in-depth explorations of personal liberty cases like Griswold v. Connecticut, Roe v. Wade, and Lawrence v. Texas, check out Supreme Court DBQs: Exploring the Cases that Changed History.

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