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

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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