AP Success - AP U.S. Gov & Pol: SCOTUS Comparison: Free Speech and Imminent Action: Schenck v. United States (1919)

Clarence Brandenburg was an Ohio resident and a member of the Ku Klux Klan. In 1964, he invited a local television station to film a Klan rally. The ensuing video featured hate-filled speeches against minority groups and the burning of crosses. The video led to Brandenburg’s arrest under the charge of advocating violence. A court sentenced him to 1-10 years in prison and charged him a $1,000 fine. 

State courts dismissed Brandenburg’s lawsuit to have his conviction overturned. Further appeals brought the case in front of the Supreme Court, where it became known as Brandenburg v. Ohio (1969). 

In a unanimous decision, the Supreme Court held that Ohio had violated Brandenburg’s First Amendment rights. Also, states could only restrict speech that advocated for “imminent lawless action.”