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The Freedom of Speech

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Brandenburg v. Ohio: A Case in the Supreme Court

The Supreme Court upheld the conviction in 1927 of Anita Whitney for helping to organize the Communist Labor Party. States could punish people who use speech that tends to incite crime, disturb the public peace or threaten to overthrow the government by unlawful means. It wouldn't be until the 1960s that a case overturned Whitney. This week we pick up the conversation with University of Miami School of Law professor Marianne Franks.

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