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).
Heath v. Alabama Heath v. Alabama, 474 U.S. 82 (1985), is a case in which the United States Supreme Court ruled that, because of the doctrine of "dual sovereignty" (the concept that the United States and each state possess sovereignty – a consequence of federalism), the double jeopardy clause of the Fifth Amendment to the Constitution does not prohibit one state from prosecuting and punishing somebody for an act of which he had already been convicted of and sentenced for in another state.