First Amendment

You Can Thank This Ohio Klansman for Expanding Your Freedom of Speech

Brandenburg v. Ohio established the "imminent lawless action" standard. More than 50 years later, partisans keep trying to apply it selectively.

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A man in a Klansman hood stands next to a man doing a Nazi salute | Photo: Clarence Brandenburg and Richard Hanna, The Enquirer/Herb Heise via Imagn Content Services LLC
(Photo: Clarence Brandenburg and Richard Hanna, The Enquirer/Herb Heise via Imagn Content Services LLC)

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Jacob Sullum is a senior editor at Reason. He is the author, most recently, of Beyond Control: Drug Prohibition, Gun Regulation, and the Search for Sensible Alternatives (Prometheus Books).