Brandenburg v. Ohio

In 1964, Clarence Brandenburg led a KKK rally in Ohio, which was filmed and aired on TV. He was arrested under the Ohio Criminal Cynicalism Act for promoting violence. Brandenburg argued his speech was protected by the First and Fourteenth Amendments. After losing in Ohio courts, he appealed to the Supreme Court, which ruled in his favor, establishing the Brandenburg test. This test protects speech unless it incites imminent lawless action. The decision strengthened free speech rights, even for offensive speech, and remains a key legal standard.

What was the main reason for Clarence Brandenburg's arrest after the KKK rally?

• He was carrying a weapon.

• He violated the Ohio Criminal Syndicalism Act.

• He refused to pay a fine.

• He invited a TV station to cover the rally.

Which amendments did Brandenburg claim protected his actions during the rally?

• Third and Sixth Amendments

• Second and Fourth Amendments

• First and Fourteenth Amendments

• First and Fifth Amendments

What was the outcome of Brandenburg's appeal to the Ohio Supreme Court?

• The court reduced his sentence.

• The court upheld his conviction.

• The court overturned his conviction.

• The court dismissed his appeal without opinion.

What was the key test established by the Supreme Court in Brandenburg v. Ohio?

• Rational Basis Test

• Imminent Lawless Action Test

• Bad Tendency Test

• Clear and Present Danger Test

What does the Brandenburg test primarily assess?

• Whether speech is offensive

• If speech incites imminent lawless action

• The popularity of the speech

• The historical context of the speech

How did the Supreme Court rule in the Brandenburg case?

• They upheld the lower court's decision.

• They ruled in favor of Brandenburg.

• They declared the case a mistrial.

• They refused to hear the case.

What is the lasting impact of the Brandenburg v. Ohio decision?

• It strengthened protections for offensive speech.

• It increased government control over speech.

• It limited free speech rights.

• It abolished the First Amendment.