Help with Brandenburg v. Ohio?

Question

I'm defending the state of ohio on this court case tomorrow in gov't class? Any tips, or points I can bring up to support my case? Thanks a bunch!

open4one: It's a semi-important case in American history, but unfortunutly, I am defending the side that lost in a unanimous decision against me. I guess I can read the opinions of the judges, but their arguements are for the other side and not mine. Thanks for your guys' help!

Answer 1

The Supreme Court held that "Freedoms of speech and press do not permit a State to forbid 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. "

That means that the law is only operative where the criminal conduct is likely to succeed. This stands in stark contrast to crimes of Attempt, which can be prosecuted even when the act attempted is impossible; for example, attempted Murder against a dead body that the Defendant does not know is dead.

This requirement that the violence be likely may well nullify the entire statute under the Void for Vagueness doctrine. How are police supposed to know when it is likely to succeed?

Answer 2

A good case study, check out some of the links below, you should find something to help. The third and fourth links may be of the most use.

Good Luck!