Clarence Brandenburg

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Charge:	Terrorism
Sentence:	"1 to 10 years and $1,000 fine"
Years Imprisoned:
Year Crime:	1964
Year Convicted:
Year Cleared:	1969
U.S. State or Country of Crime:	Ohio
County or Region of Crime:	Hamilton
City of Crime:	Cincinnati
Result:	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."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:	White
Information Source 1:	"Brandenburg v. Ohio, 395 U.S. 444 (1969)"
Information Location 1:	http://www.law.cornell.edu/supct/html/historics/USSC_CR_0395_0444_ZO.html
Information Source 2:	"Brandenburg v. Ohio, Wikipedia.org"
Information Location 2:	https://en.wikipedia.org/wiki/Brandenburg_v._Ohio
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Clarence Brandenburg

Charge:

Terrorism

Sentence:

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

Years Imprisoned:

Year Crime:

1964

Year Convicted:

Year Cleared:

1969

U.S. State or Country of Crime:

Ohio

County or Region of Crime:

Hamilton

City of Crime:

Cincinnati

Result:

Judicially Exonerated

Summary of Case:

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."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

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

Information Location 1:

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0395_0444_ZO.html

Information Source 2:

"Brandenburg v. Ohio, Wikipedia.org"

Information Location 2:

https://en.wikipedia.org/wiki/Brandenburg_v._Ohio

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Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

Comments About Case: