Brandenburg and Autonomy Theory

by McKenzie Hemp and Ryan Tjelle Thomas Scanlon wrote extensively about the topic of autonomy in regard to freedom of expression. His work readily applies to the United States Supreme Court’s decision in Brandenburg v. Ohio. Scanlon rooted his work in theory that was put forth by John Stuart Mill, but writes that he believes…

Brandenburg: Modern Application

This audio slideshow examines how the Supreme Court case, Brandenburg v. Ohio created the current understanding of incitement. This case is a landmark case, because it set the precedent for future cases of incitement that you will see throughout this audio slideshow. We look at an accomplished contemporary theorist named Geoffrey Stone, a constitutional law expert…

Brandenburg: Video Games in Dispute

by Meghan Foulk and Nicolas Healey Since the turn of the century, video games and media have been under scrutiny for their possible role in advocacy of gun violence. America has experienced hundreds of shootings, especially in 2017 with events like Sutherland Springs, Texas and Las Vegas. Many want to point to the glorified violence…

Brandenburg: Immediate Impact

By Isabel Hoggatt The legal definition of incitement was clarified in 1969 by the U.S. Supreme Court in Brandenburg v. Ohio. This initial testing of free speech began with a Ku Klux Klan leader, Clarence Brandenburg, giving a speech at a rally advocating for political reform by way of terrorism and violence. Brandenburg was arrested for…

Brandenburg: The Common Law

This video takes a comprehensive look at 5 cases – Schenck v. US (1919), Whitney v. California (1927), Dennis v. US (1951), Yates v. US (1957), and Noto v. US (1961) – which each had an influence on the 1969 Brandenburg v. Ohio landmark decision. By examining the 1969 case’s common-law context we are able…

Brandenburg: A Culture Clash

by Anne Ellis and Rylee Walter Have you ever wondered what both parties in a court case would say if they were asked why their case happened in the first place? This video describes the events leading up to the 1969 Supreme Court case, Brandenburg v. Ohio.  There was great tension between political advancements, such…

Brandenburg: A dark history

by Alex Bentz and Cory Schalk In 1964,Ku Klux Klan member Clarence Brandenburg, invited a local Cincinnati TV station to attend and cover a rally. During one of the videos, 12 KKK members circled around a burning cross. While most of what they said was incomprehensible, but what was understood was derogatory towards African Americans…