<P> Brandenburg v. Ohio , 395 U.S. 444 ( 1969 ) , was a landmark United States Supreme Court case based on the First Amendment to the U.S. Constitution . The Court held that government can not punish inflammatory speech unless that speech is `` directed to inciting or producing imminent lawless action and is likely to incite or produce such action . '' Specifically , it struck down Ohio 's criminal syndicalism statute , because that statute broadly prohibited the mere advocacy of violence . In the process , Whitney v. California ( 1927 ) was explicitly overruled , and doubt was cast on Schenck v. United States ( 1919 ) , Abrams v. United States ( 1919 ) , Gitlow v. New York ( 1925 ) , and Dennis v. United States ( 1951 ) . </P>
<P> Brandenburg v. Ohio , 395 U.S. 444 ( 1969 ) , was a landmark United States Supreme Court case based on the First Amendment to the U.S. Constitution . The Court held that government can not punish inflammatory speech unless that speech is `` directed to inciting or producing imminent lawless action and is likely to incite or produce such action . '' Specifically , it struck down Ohio 's criminal syndicalism statute , because that statute broadly prohibited the mere advocacy of violence . In the process , Whitney v. California ( 1927 ) was explicitly overruled , and doubt was cast on Schenck v. United States ( 1919 ) , Abrams v. United States ( 1919 ) , Gitlow v. New York ( 1925 ) , and Dennis v. United States ( 1951 ) . </P>
brandenburg v. ohio is the precedent setting case that held
brandenburg v. ohio is the precedent setting case that held
government can not punish inflammatory speech unless that speech is `` directed to inciting or producing imminent lawless action and is likely to incite or produce such action . ''
government can not punish inflammatory speech unless that speech is `` directed to inciting or producing imminent lawless action and is likely to incite or produce such action . ''