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).
Censorship in the United States In general, censorship in the United States, which involves the suppression of speech or public communication, raises issues of freedom of speech, which is protected by the First Amendment to the United States Constitution. This freedom, though fundamental, has been accompanied with controversy since its enshrinement. For instance, restraints increased during periods of widespread anti-communist sentiment, as exemplified by the hearings of the House Committee on Un-American Activities. According to "Miller v. California" (1973), the U.S. Supreme Court found that the First Amendment's freedom of speech does not apply to obscenity, which can, therefore, legally be censored. While it is legal to express certain forms of hate speech so long as one does not engage in the acts being discussed, or urge others to commit illegal acts, more severe forms have led to people or groups (such as the Ku Klux Klan) being denied certain marching permits or the Westboro Baptist Church being sued, though the initially adverse ruling against the latter was later overturned on appeal in the U.S. Supreme Court.