Regulation of Incitement of Illegal Activity

Regulation of Incitement of Illegal Activity

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Brandenburg v. Ohio, 395 U.S. 444 (1969)

Jun 8, 1969

The Supreme Court strikes down the conviction of a Ku Klux Klan leader who was convicted under the Ohio Criminal Syndicalism statute preventing advocacy of illegal action. The new test, expressly ...

Whitney v. California, 274 U.S. 357 (1927)

May 15, 1927

The Supreme Court upheld the conviction of a woman under California's criminal syndicalism statute for membership in the Communist Labor Party, saying it did not violate her free speech rights as p...

Gitlow v. New York, 268 U.S. 652 (1925)

Jun 7, 1925

The Supreme Court upholds several convictions under New York's criminal anarchism law. Justice Holmes and Brandeis dissented, arguing no "clear and present danger" existed that the government would...

Abrams v. U.S., 250 U.S. 616 (1919)

Nov 9, 1919

The Supreme Court upholds the conviction of five communists/anarchists under the Espionage Act of 1917 for advocating a munitions strike and the violent overthrow of the government. However, Justic...

Schenck v. U.S. , 249 U.S. 47 (1919)

Mar 2, 1919

U.S. Supreme Court establishes the "clear and present danger" standard for advocacy of illegal action. Upholding the conviction under the Espionage Act of a socialist who tried to encourage insubo...

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