When Does Speech Incite Violence? | Brandenburg v. Ohio

In 1964, Clarence Brandenburg led a KKK rally in Ohio, which was filmed and aired by a TV station. His speech led to his arrest under the Ohio Criminal Cynicalism Act. Brandenburg argued his speech was protected by the First Amendment. After losing in lower courts, he appealed to the Supreme Court, which ruled in his favor, establishing the Brandenburg test. This test protects speech unless it incites imminent lawless action, strengthening free speech rights.

What was the main reason for Clarence Brandenburg's arrest after the KKK rally?

• He was caught carrying illegal weapons.

• He refused to pay a fine.

• He violated the Ohio Criminal Syndicalism Act.

• He was involved in a physical altercation.

Which organization did Brandenburg seek help from during his legal battle?

• NRA

• NAACP

• ACLU

• FBI

What was the outcome of the Supreme Court's decision in Brandenburg v. Ohio?

• The decision reversed the lower courts' rulings.

• The decision was postponed for further review.

• The decision was split with no clear majority.

• The decision upheld Brandenburg's conviction.

What is the primary focus of the Brandenburg test established by the Supreme Court?

• To measure the historical significance of speech.

• To evaluate the popularity of speech.

• To assess if speech incites imminent lawless action.

• To determine if speech is offensive.

How did the Brandenburg v. Ohio case influence the legal treatment of speech in the U.S.?

• It strengthened protections for offensive speech.

• It eliminated the need for legal counsel in speech cases.

• It allowed for more government control over speech.

• It restricted free speech significantly.