Fri. Jun 7th, 2024
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)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)

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.

Altar with K eagle in black robe at a meeting of nearly 30,000 Ku Klux Klan members from Chicago and northern Illinois. (Photo by Underwood & Underwood under a Creative Commons Public Domain Licence.)
Altar with K eagle in black robe at a meeting of nearly 30,000 Ku Klux Klan members from Chicago and northern Illinois. (Photo by Underwood & Underwood under a Creative Commons Public Domain Licence.)

 

 

The case

Clarence Brandenburg, a 48 year-old television repair shop owner and leader of the Ku Klux Klan’s Ohio branch, held a rally in the summer of 1964 to articulate and celebrate his white supremacist ideology. Brandenburg proclaimed in front of local TV cameras: “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 [sic] taken.” Indicating an impending Independence Day march on Washington, DC, the speech included such statements as, “the nigger should be returned to Africa, the Jew returned to Israel.” While Brandenburg was not evidently armed, other Klansmen at the rally were.

Interested in hate speech? More great content here:

Brandenburg was found guilty of violating Ohio state law, which prohibited “advocat[ing] . . . the duty, necessity, or propriety of crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform,” as well as “voluntarily assembl[ing] with any society, group or assemblage of persons formed to teach or advocate the doctrines of criminal syndicalism.” His penalties included a $1,000 fine and a 1-10 year prison sentence.

In a landmark judgment, the U.S. Supreme Court overturned the conviction, contending that the Ohio law affronted Brandenburg’s freedom of speech, protected by the First Amendment of the U.S. Constitution. Instead, the Court held: “Freedoms of speech and press do not permit a State to forbid advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.” Because the rally was not obviously intended to incite specific acts of violence, and because it was not likely to do so, government restriction of Brandenburg’s speech was unconstitutional.

Author opinion

The Supreme Court made a legally and morally compelling decision in insisting that hateful speech be permitted so long as it is not likely to cause imminent harm. In doing so, it reiterated a principle long ago argued by J.S. Mill, who wrote: “An opinion that corn dealers are starvers of the poor, or that private property is robbery, ought to be unmolested when simply circulated through the press, but may justly incur punishment when delivered orally to an excited mob assembled before the house of a corn dealer, or when handed about among the same mob in the form of a placard.” So long as the rights of individual to be free from physical harm are not imminently endangered, the law ought to protect as wide a sphere of free expression as possible.

However, while it is true that the law ought to permit Klansmen to articulate their ideals, it does not follow that we ought to listen politely to their insidious messages without vigorous response. Condemnatory counter-speech is essential. We must never forget that the eponymous protagonist of the Brandenburgcasewas a white supremacist. How rich, indeed, it is for someone like him – who would have keenly destroyed the free speech protections (and much else) afforded to racial minorities were he appointed ruler – to complain that his right to advocate genocide was improperly abridged. As has been recently argued, our law on free speech must be conjoined with a robust ethic of free speech according to which we ought to criticize and condemn the enemies of civilisation who live among us.

cited https://freespeechdebate.com/case/the-brandenburg-test-for-incitement-to-violence/

 


To Learn More…. Read MORE Below and click the links


Learn More About True Threats Here below….

We also have the The Brandenburg v. Ohio (1969)1st Amendment

CURRENT TEST = We also have the TheBrandenburg testfor incitement to violence 1st Amendment

We also have the The Incitement to Imminent Lawless Action Test  1st Amendment

We also have the True Threats – Virginia v. Black is most comprehensive Supreme Court definition – 1st Amendment

We also have the Watts v. United StatesTrue Threat Test – 1st Amendment

We also have the Clear and Present Danger Test – 1st Amendment

We also have the Gravity of the Evil Test – 1st Amendment

We also have the Elonis v. United States (2015) – Threats – 1st Amendment


Learn More About What is Obscene….

We also have the Miller v. California 3 Prong Obscenity Test (Miller Test) – 1st Amendment

We also have the Obscenity and Pornography – 1st Amendment


Learn More About Police, The Government Officials and You….

We also have the Brayshaw v. City of Tallahassee1st Amendment Posting Police Address

We also have the Publius v. Boyer-Vine –1st Amendment Posting Police Address

 We also have the Lozman v. City of Riviera Beach, Florida (2018) – 1st Amendment – Retaliatory Police Arrests

We also have the Nieves v. Bartlett (2019)1st Amendment – Retaliatory Police Arrests

We also have the Freedom of the Press – Flyers, Newspaper, Leaflets, Peaceful Assembly – 1st Amendment

We also have the Insulting letters to politician’s home are constitutionally protected, unless they are ‘true threats’ – 1st Amendment

We also have the Introducing TEXT & EMAIL Digital Evidence in California Courts  1st Amendment

We also have the First Amendment Encyclopedia very comprehensive 1st Amendment


ARE PEOPLE LYING ON YOU? CAN YOU PROVE IT? IF YES…. THEN YOU ARE IN LUCK!

We also have the Penal Code 118 PC – California Penalty of “Perjury” Law

We also have the Federal Perjury – Definition by Law

We also have the Penal Code 132 PCOffering False Evidence

We also have the Penal Code 134 PCPreparing False Evidence

We also have the Penal Code 118.1 PCPolice Officers Filing False Reports

We also have the Spencer v. Peters Police Fabrication of Evidence – 14th Amendment

We also have the Penal Code 148.5 PC –  Making a False Police Report in California

We also have the  Penal Code 115 PC – Filing a False Document in California


Know Your Rights Click Here (must read!)

 Under 42 U.S.C. $ection 1983 – Recoverable Damage$

42 U.S. Code § 1983 Civil Action for Deprivation of Right$

$ection 1983 LawsuitHow to Bring a Civil Rights Claim

18 U.S. Code § 242Deprivation of Right$ Under Color of Law

18 U.S. Code § 241Conspiracy against Right$

$uing for MisconductKnow More of Your Right$

Police Misconduct in CaliforniaHow to Bring a Lawsuit

New Supreme Court Ruling – makes it easier to sue police


RELATIONSHIP WITH YOUR CHILDREN & YOUR CONSTITUIONAL RIGHT$ + RULING$

YOU CANNOT GET BACK TIME BUT YOU CAN HIT THOSE PUNKS WHERE THEY WILL FEEL YOU = THEIR BANK

We also have the 9.3 Section 1983 Claim Against Defendant as (Individuals) — 14th Amendment  this CODE PROTECTS all US CITIZENS

We also have the  Amdt5.4.5.6.2 – Parental and Children’s Rights 5th Amendment  this CODE PROTECTS all US CITIZENS

We also have the 9.32 Interference with Parent / Child Relationship – 14th Amendment this CODE PROTECTS all US CITIZENS

We also have the PARENTS RIGHTS SCOTUS RULINGS & HELP HERE for 14th Amendment PARENTS RIGHTS Help!

We also have the  California Civil Code Section 52.1 Interference with exercise or enjoyment of individual rights

We also have the Parent’s Rights & Children’s Bill of Rights SCOTUS RULINGS FOR YOUR PARENT RIGHTS


Contesting / Appeal an Order / Judgment / Charge

Options to Appealing – Fighting A Judgment Without Filing An Appeal Settlement Or Mediation 

Cal. Code Civ. Proc. § 1008 Motion to Reconsider

Penal Code 1385Dismissal of the Action for Want of Prosecution or Otherwise

Penal Code 1538.5Motion To Suppress Evidence in a California Criminal Case

CACI No. 1501 – Wrongful Use of Civil Proceedings

Penal Code “995 Motions” in California –  Motion to Dismiss

WIC § 700.1If Court Grants Motion to Suppress as Evidence


 Epic Criminal / Civil Rights SCOTUS Help Click Here

At issue in Rosenfeld v. New Jersey (1972) was whether a conviction under state law prohibiting profane language in a public place violated a man's First Amendment's protection of free speech. The Supreme Court vacated the man's conviction and remanded the case for reconsideration in light of its recent rulings about fighting words. The man had used profane language at a public school board meeting. (Illustration via Pixabay, public domain) Epic Parents SCOTUS Ruling HelpParental Rights – Click Here