Wisconsin
How Brandenburg v. Ohio applies in Wisconsin: state-specific rules, key cases, and bar exam notes for Constitutional Law.
In Wisconsin, the principles established in Brandenburg v. Ohio are recognized as foundational in protecting free speech under the state constitution. The state's approach emphasizes that speech advocating unlawful action is protected unless it incites imminent lawless action and is likely to produce such action.
Wisconsin courts require that speech must incite imminent lawless action and must be likely to produce that action to be considered unprotected.
The court affirmed that the lines drawn by Brandenburg effectively shield speech that does not directly incite imminent violence.
This case reinforced the Brandenburg test, stating that mere advocacy of illegal conduct is not sufficient for punishment under state law.
The court held that expressions of opinion, even controversial ones, are protected unless they meet the imminent lawless action threshold outlined in Brandenburg.
Wisconsin follows the federal standard established by Brandenburg, but may provide broader protections under its state constitution. The state courts offer a more lenient interpretation towards freedom of expression, emphasizing the necessity of the imminent lawless action test before speech can be restricted.
Understanding how Brandenburg v. Ohio applies in Wisconsin is critical for the state's bar exam, especially in questions regarding freedom of speech and First Amendment applications.