
Brandenburg v. Ohio
Interactive Video
•
History, Social Studies
•
6th - 12th Grade
•
Hard
Wayground Content
FREE Resource
In 1964, Clarence Brandenburg led a KKK rally in Ohio, which was filmed and aired on TV. He was arrested under the Ohio Criminal Cynicalism Act for promoting violence. Brandenburg argued his speech was protected by the First and Fourteenth Amendments. After losing in Ohio 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. The decision strengthened free speech rights, even for offensive speech, and remains a key legal standard.
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