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Twelve years after Yates, the warren court reiterated the First Amendment distinction between lawful subversive advocacy in the abstract and unlawful present incitement. In Brandenburg v. Ohio, 395 U.S. 444, 89 S. Ct. 1827, 23 L. Ed. 2d 430 (1969), the Court reversed the conviction of a ku klux klan leader under a state statute that prohibited advocacy of crime and violence as a necessary means to accomplish political reform. Ohio Rev. Code Ann. ยง 2923.13. The Court held that a state could not forbid advocacy of force or violence except where such advocacy is directed to producing imminent lawless action and is likely to incite or produce such action.
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