Brandenburg v. Ohio and its Relationship to Masses Publishing Co. v. Patten

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50 Ariz. St. L.J. 791 (2018). Martha A. Field.

My role in this symposium, and my paper, are less academic than others’. I clerked for Justice Abe Fortas during the 1968–69 Term and worked with him on Brandenburg v. Ohio. I will describe the process by which Brandenburg was created, its per curiam status, and its meaning as seen from the perspective of its author. I also will address the theme of this conference, especially the claim that Brandenburg incorporated Learned Hand’s view of the First Amendment.

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