Brandenburg v. Ohio established the Imminent Lawless Action test used to determine when speech protected under the First Amendment can be lawfully restricted. In Brandenburg, the Court held that hate speech is protected under the First Amendment as long as it does not provoke violence.

Clarence Brandenburg, a KKK leader in Ohio, allowed a television station to broadcast the KKK rally he was a part of. During the rally, Brandenburg gave a speech targeting the government and people of color. Because of an Ohio statute that criminalized syndicalism, Brandenburg was fined and sentenced to one to ten years in prison.

After filing an appeal and being dismissed by the lower courts, the case then reached the Supreme Court. In a per curiam decision, the Court established that Brandenburg did not incite or produce imminent lawless action and therefore, the Ohio statute was a violation of Brandenburg's First Amendment rights.

Explainers