The legal issues presented in this case will be displayed here.

This section contains the nature of the case and procedural background.

The Ohio Criminal Syndicalism Act prohibits 'advocating violent means to effect political and economic changes.' Brandenburg (D) was a Ku Klux Klansman who spoke at a KKK rally. Twelve men gathered wearing hoods, carrying guns, and burned a cross and made speeches. D denounced Jews and calls for the deportation of both Blacks and Jews. D also called for revenge against the government for not upholding white supremacy. D was prosecuted under the Act. D was convicted for advocating and participating in an unlawful political reform organization in violation of the Ohio Criminal Syndicalism Act. D was sentenced to 1-10 years. The evidence was on film from a TV reporter who was invited to the rally. D contends that the statute was unconstitutional under the First and Fourteenth Amendments. The Ohio Supreme Court dismissed the Appeal. The U.S. Supreme Court reversed.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.