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Constitutional Law Keyed to Maggs
Brandenburg v. Ohio
Citation:395 U.S. 444 (1969)
CaseCast™ – "What you need to know"
The appellant, a leader of a Ku Klux Klan group, was convicted under the Ohio Criminal Syndicalism statute for advocating the duty, necessity, or propriety of crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform and for voluntarily assembling with any society, group or assemblage of persons formed to teach or advocate the doctrines of criminal syndicalism. The record shows that a man, identified as the appellant, telephoned an announcer-reporter on the staff of a Cincinnati television station and invited him to come to a Ku Klux Klan rally to be held. The prosecution’s case rested on the films and on testimony identifying the appellant as the person who communicated with the reporter and who spoke at the rally. The films showed hooded figures carrying firearms and they uttered incomprehensible phrases but could be understood that were derogatory of Negroes and Jews.
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