The Charlottesville driver isn’t the only one who should lawyer up – The Mercury News


By Hugh Hewitt, Special To The Washington Post

All law students taking a First Amendment course, or even a constitutional law survey course, learn the rule of Brandenburg v. Ohio, a case that grew out of a 1964 Ku Klux Klan rally near Cincinnati. The defendant, Clarence Brandenburg, was convicted under a Buckeye State statute aimed originally at criminalizing communist conduct. Five years later, when the case found its way to the Supreme Court, the per curiam opinion struck down the Ohio law, holding “that the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.”

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