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The Supreme Court case Brandenburg v. Ohio limited freedom of speech by establishing that speech can only be restricted if it incites immediate lawless action. This ruling highlighted the necessity of protecting free speech under the First Amendment while providing a standard for when that speech could be lawfully curtailed. The case is crucial in understanding the balance between free expression and public safety.
Explanation:
Brandenburg v. Ohio: Limiting Freedom of Speech
In the landmark case Brandenburg v. Ohio (1969), the Supreme Court established a significant limitation on freedom of speech, particularly concerning speech that incites imminent lawless action. The case involved Clarence Brandenburg, a Ku Klux Klan leader, who was convicted under an Ohio law for promoting violence during a rally. The Supreme Court ruled that speech can only be curtailed if it is directed to inciting or producing imminent lawless action and is likely to produce such action.
This decision refined the standard for whether speech is protected under the First Amendment, moving away from earlier precedents that allowed broader restrictions on speech based on its content. Brandenburg's ruling is seen as a cornerstone of free speech law, emphasizing the significance of protecting even unpopular or controversial speech unless it directly incites immediate illegal acts. For instance, mere advocacy for violence or anti-government ideas is generally protected as long as it does not provoke imminent lawless action.
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