During the address, which was recorded by invited media representatives, Brandenburg bemoaned the fate of the “White Caucasian race” at the hands of the government. had ruled that the government could punish speech if it posed “a clear and present danger of bringing about the substantive evils that Congress may prohibit.” Brandenburg was convicted for his speech to Klan membersĬlarence Brandenburg had addressed a small gathering of Ku Klux Klan members in a field in Hamilton County, Ohio. In that case, Justice Oliver Wendell Holmes Jr. The Court also made its last major statement on the application of the clear and present danger doctrine of Schenck v. 444 (1969), the Supreme Court established that speech advocating illegal conduct is protected under the First Amendment unless the speech is likely to incite “imminent lawless action.” 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.
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