Brandenburg v. Ohio, 395 U.S. 444 (1969), was a landmark decision by the United States Supreme Court that established the “imminent lawless action” test for determining when speech is protected by the First Amendment.

The case involved a Ku Klux Klan rally in Ohio. Clarence Brandenburg, a Klan leader, made a speech at the rally in which he made several inflammatory statements, including:

• “We’re not a revengent organization, but if our President, our Congress, our Supreme Court continues to suppress the white, Caucasian race, it’s possible that there might have to be some revengeance taken.”
• “We’re not going to let the Jews take over our nation.”
• “We’re going to take America back.”

Brandenburg was convicted of violating an Ohio criminal syndicalism law, which made it a crime to advocate the overthrow of the government by force or violence. He appealed his conviction to the Supreme Court.

The Supreme Court overturned Brandenburg’s conviction, ruling that the Ohio law was unconstitutional. The Court held that the First Amendment protects speech that advocates illegal action if the speech is not intended to and is not likely to incite imminent lawless action.

The Brandenburg test is still used by the courts today to determine whether speech is protected by the First Amendment. The test is complex, and it has been interpreted differently by different courts. However, it is generally considered to be a high bar that the government must meet to restrict speech.

The Brandenburg decision is significant because it established a strong protection for freedom of speech. The decision made it clear that the government cannot punish people for simply advocating illegal action if the speech is not intended to and is not likely to incite imminent lawless action.

The decision is also significant because it overturned a few earlier cases that had allowed the government to restrict speech more broadly. The Brandenburg decision helped ensure that the First Amendment protects a wide range of speech, even controversial or offensive speech.

Sources:

http://books.google.com/books?id=BI-4tl5D-5AC