Did Brandenburg v. Ohio occur prior to Miranda v. Arizona?
Brandenburg v. Ohio Brandenburg v. Ohio, 395 U.S. 444 (1969) , was a landmark United States Supreme Court case based on the First Amendment to the U.S. Constitution. The Court held that government cannot punish inflammatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action." Specifically, it struck down Ohio's criminal syndicalism statute, because that statute broadly prohibited the mere advocacy of violence. In the process, "Whitney v. California" (1927) was explicitly overruled, and doubt was cast on "Schenck v. United States" (1919), "Abrams v. United States" (1919), "Gitlow v. New York" (1925), and "Dennis v. United States" (1951).
In re Oliver In re Oliver, 333 U.S. 257 (1948), was a decision by the United States Supreme Court involving the application of the right of due process in state court proceedings. The Sixth Amendment in the Bill of Rights states that criminal prosecutions require the defendant "... to be informed of the nature and cause of the accusation...and to have the Assistance of Counsel for his defence." In this case, a witness in a Michigan grand jury hearing was convicted and sentenced to jail without either notice or attorney assistance.