What legal precedent was set by Brandenburg v. Ohio in 1969?

Brandenburg v. Ohio established the imminent lawless action test, which significantly shaped the legal framework surrounding free speech protections under the First Amendment. In this landmark 1969 Supreme Court case, the Court ruled that inflammatory speech, even if advocating for illegal action, is protected unless it is directed to inciting or producing imminent lawless action and is likely to produce such action.

This case arose from a conviction under Ohio's criminal syndicalism law, which had been used to suppress speech that advocated for violence. The Supreme Court overturned the conviction, emphasizing that mere advocacy of illegal action is insufficient to justify restrictions on speech; rather, there must be a clear intent and a likelihood that such advocacy will lead to imminent lawless action. This precedent is important because it delineates the boundaries of protected speech, ensuring that individuals have the right to express controversial or extreme opinions as long as they do not incite immediate violence or unlawful behavior.

Other alternatives, such as the clear and present danger test, were used in earlier cases but were refined and effectively replaced by the imminent lawless action standard established by Brandenburg. Meanwhile, while Brandenburg touched on issues of hate speech, it did not explicitly affirm hate speech protections but instead addressed the broader principle of free speech advocacy.