Index/Organizations/Brandenburg v. Ohio

Brandenburg v. Ohio

1969 United States Supreme Court case

Fact-Checks

11 results
Nov 13, 2025
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Did trump incite violence on jan 6th

Donald Trump’s words and actions surrounding January 6, 2021 are tied by multiple official investigations and defendant statements to the Capitol attack, with the January 6 committee concluding he the...

Dec 17, 2025
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Did Trump incite an insurection

The question of whether Donald Trump “incited an insurrection” centers chiefly on his words before and on January 6, 2021 — the House impeached him for “incitement of insurrection,” and the Senate vot...

Jan 11, 2026
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What legal arguments cite Trump's speech in January 6 cases?

The debate over how prosecutors and defense teams treat Donald Trump’s January 6, 2021 speech splits into two principal legal arguments: that the speech can be evidence of criminal wrongdoing—includin...

Dec 21, 2025

Did Trump incite the Jan 6th 2021 attack on the Capitol ?

The preponderance of congressional, prosecutorial, journalistic and academic reporting concludes that former President Donald Trump’s words and sustained campaign to overturn the 2020 election were a ...

Nov 15, 2025

did trump incite jan 6

The House January 6th Select Committee concluded that Donald Trump “lit that fire” and formally referred him for criminal charges including incitement of insurrection; the committee’s nearly 850‑page ...

Dec 3, 2025

What federal statute defines sedition and how has it been applied historically?

The principal modern federal statute criminalizing sedition is the seditious conspiracy law, 18 U.S.C. § 2384, which makes it a crime for “two or more persons” to conspire by force to “overthrow, put ...

Nov 17, 2025

How did Trump's January 6 speech differ from his earlier rally comments on election fraud?

Trump’s January 6, 2021 “Save America” speech repeated his long-running, unproven claims that the 2020 election was stolen and urged supporters to “fight like hell,” then directed them to march to the...

Nov 18, 2025

What specific phrases in Donald Trump's January 6 2021 speech incited the crowd?

Donald Trump’s January 6, 2021, “Save America” speech included a mix of scripted language (“peacefully and patriotically”) and unscripted, more combative lines — notably “We’re going to walk down to t...

Nov 9, 2025

How did Trump's tweets and speeches contribute to the January 6 insurrection?

Donald Trump’s January 6 tweets and speeches propagated false election fraud claims and included rallying language that many investigators, defendants, and watchdogs say the crowd that attacked the Ca...

Feb 3, 2026

did donald trump provoked january 6th attack on capitol?

A preponderance of official investigations, reporting and statements from participants concludes that summoned a crowd to with repeated false claims about the election, used violent and provocative rh...

Jan 15, 2026

Do death threats or calls for violence on livestreams meet US criminal statutes for incitement or true threats?

Death threats or calls for violence on livestreams can meet U.S. criminal statutes, but whether they constitute prosecutable “true threats” or unlawful “incitement” depends on legal tests that balance...