Case Categories: Incitement

• Bible Believers v. Wayne County (6th Cir.) (2015)

  Bible Believers v. Wayne County (2015) ruled that officials violated First Amendment rights of a Christian group when they were removed from a festival due to a...

• Brandenburg v. Ohio (1969)

  In Brandenburg v. Ohio (1969), the Court ruled that speech advocating illegal conduct is protected by the First Amendment unless it is likely to incite “...

• Epton v. New York (1968)

  Epton v. New York (1968) declined to review the convictions of Marxist leader William Epton, who said his convictions violated his First Amendment free speech...

• Feiner v. New York (1951)

  Feiner v. New York (1951) addressed the issue of whether speech that incites a “breach of the peace” constitutes a categorical exception to the First...

• Hess v. Indiana (1973)

  Hess v. Indiana (1973) overturned a demonstrator's conviction and affirmed that advocacy of illegal activity in the indefinite future is protected by the First...

• NAACP v. Claiborne Hardware Co. (1982)

  NAACP v. Claiborne Hardware Co. (1982) ruled that an economic boycott constitutes a form of constitutionally protected expression akin to traditional means of...

• Spies v. Illinois (Ill.) (1887)

  Before First Amendment protections were applied to state laws, the Illinois Supreme Court upheld convictions based on speech in the Haymarket Riot in Spies v....

• Stewart v. McCoy (2002)

  In Stewart v. McCoy (2002), a case dealing with advising gang members, Justice Stevens sought to clarify the First Amendment doctrine of "incitement to imminent...

• Terminiello v. Chicago (1949)

  Terminiello v. Chicago (1949) overturned on First Amendment grounds a disorderly conduct conviction against a suspended Catholic priest for making inflammatory...

• Thompson v. Trump (D.C. District Court) (2022)

  A federal district judge in Thompson v. Trump rejected a presidential immunity claim in a lawsuit that seeks damages for inciting violence at the U.S. Capitol...