February 24, 1969court rulingincitementpolitical speechKu Klux Klanimminent lawless actionCivil RightsJusticeGovernment
Supreme Court requires specific intent in Brandenburg v. Ohio
Brandenburg v. Ohio overturned a conviction of a Ku Klux Klan leader and established the modern incitement test: speech can be punished only when it is directed to imminent lawless action and likely to produce such action. The decision narrowed the government’s reach over political advocacy compared to earlier cases like Dennis.