brandenburg v. ohio is the precedent setting case that held
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."[1][2]:702 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)[3] was explicitly overruled, and doubt was cast on Schenck v. United States (1919),[4] Abrams v. United States (1919),[5] Gitlow v. New York (1925), and Dennis v. United States (1951).[6]