Brandenburg v. Ohio
395 U.S. 444 · Decided June 9, 1969 · Supreme Court of the United States
At a glance
Brandenburg v. Ohio was decided on June 9, 1969 unanimously (8–0). The Court reversed the lower court's decision. The decision was issued per curiam (an unsigned opinion of the Court). SCDB classifies its main issue as “First Amendment, miscellaneous” in the First Amendment area. SCDB codes this decision as formally altering one or more of the Court's own precedents. SCDB records that the Court declared a state or territorial law, regulation or constitutional provision unconstitutional.
Read the opinion
Case details
- Citations
- 395 U.S. 444 · 89 S. Ct. 1827 · 23 L. Ed. 2d 430 · 1969 U.S. LEXIS 1367
- Docket number
- 492
- Decided
- June 9, 1969
- Argued
- February 27, 1969
- Court era
- Warren Court
- Decision type
- Per curiam (orally argued)
- Disposition
- Reversed
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 8–0 (unanimous)
- Opinion assigned by
- Earl Warren
- How the case arrived
- Appeal
- Issue (SCDB)
- First Amendment, miscellaneous
- Issue area
- First Amendment
- Legal provision
- First Amendment (speech, press, and assembly)
- Type of law
- Constitutional amendment
- Altered precedent
- Yes — formally altered the Court's precedent
- Held unconstitutional
- A state or territorial law, regulation or constitutional provision
- Decision direction (SCDB)
- Liberal what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice Hugo L. Black | Concurrence | Wrote an opinion |
| Justice William O. Douglas | Concurrence | Wrote an opinion |
| Chief Justice Earl Warren | Majority | |
| Justice John M. Harlan II | Majority | |
| Justice William J. Brennan Jr. | Majority | |
| Justice Potter Stewart | Majority | |
| Justice Byron R. White | Majority | |
| Justice Thurgood Marshall | Majority |
Full case caption
Brandenburg v. Ohio
SCDB identifiers: case 1968-124, docket 1968-124-01.
Related decisions
Other cases on “First Amendment, miscellaneous”
- Red Lion Broadcasting Co., Inc. v. Federal Communications Commission
- Watts v. United States
- Carroll v. President and Commissioners of Princess Anne
- Amalgamated Food Employees Union Local 590 v. Logan Valley Plaza, Inc.
- Teitel Film Corp. v. CusackLaw held unconstitutional
- United Mine Workers of America v. Illinois State Bar Association
Cases on the same legal provision: First Amendment (speech, press, and assembly)
- Street v. New YorkLaw held unconstitutional
- Stanley v. GeorgiaLaw held unconstitutional
- Shuttlesworth v. City of Birmingham
- Tinker v. Des Moines Independent Community School District
- Carlos v. New York
- Cain v. Kentucky
Same Term, same area (First Amendment)
- Epperson v. ArkansasLaw held unconstitutional
- Carroll v. President and Commissioners of Princess Anne
- Clark v. Gabriel
- Presbyterian Church in the United States v. Mary Elizabeth Blue Hull Memorial Presbyterian Church
- Tinker v. Des Moines Independent Community School District
- Gregory v. City of Chicago
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error