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).
Lockhart v. United States (2016) Lockhart v. United States, 577 U.S. ___ (2016) , is a United States Supreme Court decision concerning the interpretation of a federal statute. 18 USC §2252(b)(2) states that a defendant convicted of possessing child pornography is subject to a mandatory 10 year minimum prison sentence if they have "a prior conviction...under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward." Avondale Lockhart, convicted of possession of child pornography, had a prior conviction for sexual abuse of his 53-year-old girlfriend under New York State law. He was sentenced to 10 years in prison under §2252(b)(2). He appealed claiming that the qualifier "involving a minor or ward" applies to the whole series, making his prior conviction not trigger the sentence enhancement. In a 6-2 decision, the Supreme Court held that the phrase only modifies the final item in the series, upholding the 10 year minimum sentence imposed on Lockhart.