Brandenburg Quiz

Clarence Brandenburg was a member of what white supremacist organization? A. The Neo-Nazis of Northern Ohio B. The National Alliance C. The Ku Klux Klan D. All of the above

What is “revengence?” A. What Clarence Brandenburg called for as he spoke at the rally and cross burning. B. A creative and intentional combination of the words vengence and revenge. C. Both of the above

What law was Brandenburg charged and convicted under? A. The Smith Act B. The National Security Act of 1947 C. The Ohio Criminal Syndicalism Act of 1919 D. None of the above

Parker argues that Brandenburg v. Ohio explicitly overturned which prior Supreme Court case? A. Abrams v. US B. US v. Schenck C. Whitney v. California D. Gitlow v. New York

The case Parker cites as creating categorical exceptions to the First Amendment was: A. Smith v. Yates B. Chaplinsky v. New Hampshire C. Whitney v. California D. Brandenburg v. Ohio

According to Parker which test is MORE likely to criminalize a larger array of speech? A. The clear and present danger test B. The bad tendency test “By criminalizing speech tending to produce unlawful action, the bad tendency test effectively reclassified any incitement as unprotected speech—a categorical exception to the First Amendment” Parker, p. 147

Thought questions Why are balancing tests likely to undervalue speech when weighed against other societal issues? Why was Yates v. US an important precursor to Brandenburg v. Ohio? “Mere doctrinal justification of forcible overthrow…is too remote from concrete action”

Who wrote the first draft of the Brandenburg decision for the Supreme Court? A. Earl Warren B. Abe Fortas C. Hugo Black D. William Brennan

What was the decision in the Brandenburg case? 5-4 reversing the conviction 5-4 upholding the conviction 9-0 upholding the conviction 9-0 reversing the conviction

What did the Court articulate as the new test for whether or not incitement violates the law? The speech must be directed to inciting lawless action The advocacy must be calling for imminent lawbreaking The advocacy must be likely to produce such conduct

As a result of Brandenburg, calls for nonviolent civil disobedience can now be criminalized. True False

Thought Question Parker argues that Brandenburg commits the Court to a review of the facts in an individual case, why is that significant?