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Index/Topics/Brandenburg v. Ohio

Brandenburg v. Ohio

A Supreme Court case that set the standard for determining when speech is not protected by the First Amendment.

Fact-Checks

4 results
Jan 27, 2026
Most Viewed

What Supreme Court cases define when a protest ceases to be 'peaceful' and can be lawfully stopped?

The has drawn several bright and shadowed lines that determine when protected, “peaceful” ends and lawful government intervention becomes permissible: most centrally the incitement standard from (spee...

Jan 17, 2026
Most Viewed

Has Donald Trump faced legal charges for inciting the Capitol riot?

Donald Trump was impeached by the House for "incitement of insurrection" after January 6, 2021, but he has not been criminally charged with the specific federal crime of incitement or insurrection; th...

Feb 6, 2026

Which U.S. state or federal statutes criminalize online hate speech or incitement and how have they been applied?

Federal law and the states do not have a general criminal ban on “” online; instead, U.S. courts and statutes criminalize narrow categories of harmful speech — true threats, incitement to imminent law...

Feb 1, 2026

What legal protections allow KKK chapters to hold public demonstrations in the U.S.?

The primary legal protection that allows chapters to hold public demonstrations in the is the ’s guarantees of free speech and assembly, as interpreted by the to protect even unpopular or hateful expr...

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