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Brandenburg v. Ohio (doc. #: 492) (1969)  [Findlaw]

Secondary Link Brandenburg v. Ohio  [Legal Information Institute]
Argument Date 02/27/1969
Decided 06/09/1969
Supreme Court Vote 9-0
Note Originally, the opinion in the case was assiged to Justice Fortas. Before its release, however, Fortas was forced to resign. Thereafter, Justice Brennan redrafted the opinion and issued it as a per curiam. (see B. Schwartz article cited below)
Supreme Court Ruling First Amendment claim sustained.
 
IssueWhether an Ohio criminal syndicalism statute punishing advocacy of violence as a means of achieving industrial or political reform violates the First Amendment.
 
Case Summary & Additional Resources
Majority Opinion Per Curiam
Concurring Opinion Black, J., & Douglas, J.
Lower Court Ohio Supreme Court
Lower Court Ruling First Amendment claim denied.
Oral Arguments Oral Arguments  [Oyez]
Lawyers
For Petitioner
Allen Brown (for Appellant) (joined on the briefs by Norman Dorsen, Melvin L. Wulf, Eleanor Holmes Norton & Bernard A. Berkman)

For Respondent
Leonard Kirschner (for Appellee) (joined on the brief by Melvin G. Rueger)

Briefs
For Amicus
Paul W. Brown, Attorney General of Ohio

Other
Collins, Ronald & Skover, David, "What is War? -- Free Speech in Wartime," 36 Rutgers Law Journal 833 (2005)
Emerson, Thomas, "First Amendment Doctrine & the Burger Court," 68 California Law Review 422, 437 (1980)
Emerson, Thomas, THE SYSTEM OF FREEDOM OF EXPRESSION (1970), pp. 155-157
Gunther, Gerald, "Learned Hand & the Origins of Modern First Amendment Doctrine," 27 Stanford Law Review 719, 755 (1975)
Harrold, Marc M, OBSERVATIONS OF WHITE NOISE: AN "ACID TEST" FOR THE FIRST AMENDMENT (2005), pp. 61-70
Linde, Hans, "'Clear & Present Danger' Reexamined, 22 Stanford Law Review 1163 (1970)
Note, "Symbolic Conduct, "68 Columbia Law Review 1091 (1968)
Parker, Richard A., "Brandenburg v. Ohio," in FREE SPEECH ON TRIAL (2003), Richard A. Parker, ed., pp. 145-159

Peck, Robert S., "The First Amendment & Advocacy of Violence: An Overview"

Rubenfeld, Jed, "The First Amendment's Purpose," 53 Stanford Law Review 767, 829 (2001)
Schwartz, Bernard, "Holmes versus Hand: Clear and Present Danger or Advocacy of Unlawful Action?," 1995 Supreme Court Review 237
Smolla, Rodney, SMOLLA & NIMMER ON FREEDOM OF SPEECH (1994), sect. 5.01[2]
Stone, Geoffrey, PERILOUS TIMES: FREE SPEECH IN WARTIME (2004), pp. 522-24, 543, 548, 551
Tribe, Laurence, AMERICAN CONSTITUTIONAL LAW (2nd ed., 1988), pp. 799-802, 848
Overruling Whitney v. California
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