The Decision
The U.S. Supreme Court reversed Brandenburg's conviction, holding that government cannot constitutionally punish abstract advocacy of force or law violation. The majority opinion was per curiam (issued from the Court as an institution rather than as authored and signed by an individual justice). The earlier draft had originally been prepared by Justice Abe Fortas before he was forced to resign in the midst of an ethics scandal, and would have included a modified version of the clear and present danger test. In finalizing the draft, Justice Brennan eliminated all references to it, substituting instead the "imminent lawless action" language. Justices Black and Douglas concurred separately.
Read more about this topic: Brandenburg V. Ohio
Famous quotes containing the word decision:
“How could a man be satisfied with a decision between such alternatives and under such circumstances? No more than he can be satisfied with his hat, which he’s chosen from among such shapes as the resources of the age offer him, wearing it at best with a resignation which is chiefly supported by comparison.”
—George Eliot [Mary Ann (or Marian)
“Once the decision has been reached, close your ears even to the best counter-argument: a sign of strong character. Thus an occasional will to stupidity.”
—Friedrich Nietzsche (1844–1900)