Name: The ‘Brandenburg test’ for incitement to violence – 1st Amendment
Uploaded: 2022-11-07T02:26:48-08:00
Channel: The Truth News
Description: The ‘Brandenburg test’ for incitement to violence In 1969, the U.S. Supreme Court made history by ruling that, to merit conviction, the violence advocated must be intended, likely and imminent. By Jeff Howard. The case Clarence Brandenburg, a 48 year-old television repair shop owner and leader of the Ku Klux Klan’s Ohio branch,

Clarence Brandenburg, 48, an officer in the Ku Klux Klan, left, and Richard Hanna, 21, admitted member of the American Nazi Party, pose for a picture following their arrests, Aug. 8, 1964, Cincinnati, Ohio. Brandenburg was arrested in connection with a KKK meeting in which he made anti-Semitic and anti-black statements and advocated for the possibility of "revengeance." The Supreme Court threw out his conviction and issued a new test: Advocacy could be punished only "where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action." (AP Photo)

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