Wrongly Convicted Database Record


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Clarence Brandenburg





"1 to 10 years and $1,000 fine"

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Judicially Exonerated

Summary of Case:

"Clarence Brandenburg was wrongly convicted of violating Ohio's Criminal Syndicalism statute for advocating white supremacy at a Ku Klux Klan meeting in Hamilton County, Ohio in the summer of 1964. After his conviction in the Court of Common Pleas of Hamilton County, Brandenburg was sentenced to 1 to 10 years in prison and fined $1,000. Brandenburg appealed. The Ohio First District Court of Appeal affirmed Brandenburg's conviction, rejecting his claim the statute violated his First Amendment and Fourteenth Amendment right to freedom of speech. The Supreme Court of Ohio declined to review his conviction. The U.S. Supreme Court accepted Brandenburg writ of certiorari. Brandenburg's conviction overturned by the U.S. Suprme Court on June 9, 1969 on the basis Ohio's Criminal Syndicalism statute he was convicted of violating, unconstitutionally restrained his free speech. The Court ruled the 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.""

Conviction Caused By:

Innocence Proved By:

"Conviction overturned by the U.S. Suprme Court on June 9, 1969 on the basis Ohio's Criminal Syndicalism statute he was convicted of violating unconstitutionally restrained his free speech."

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Information Source 1:

"Brandenburg v. Ohio, 395 U.S. 444 (1969)"

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Information Source 2:

"Brandenburg v. Ohio, Wikipedia.org"

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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