Brandenburg v. Ohio · ¶28

In that case the prosecution dubbed an agreement to teach the Marxist creed a “conspiracy.” The case was submitted to a jury on a charge that the jury could not convict unless it found that the defendants “intended to overthrow the Government ‘as speedily as circumstances would permit.' ” Id., at 509-511. The Court sustained convictions under that charge, construing it to mean a determination of ‘“whether the gravity of the “evil,” discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger.’ ” Id., at 510, quoting from United States v. Dennis, 183 F. 2d 201, 212.

U. S. Reports, bound volume
U. S. Reports, volume 395, at 444 (Library of Congress) · transcription: Caselaw Access Project
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