Talk:Brandenburg v. Ohio

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Is it just me

Is it just me, or does it seem like way too much legalese in this article? —Preceding unsigned comment added by 76.0.15.225 (talk) 05:52, 15 November 2009 (UTC)[reply]

Donald Trump

Apparently, there was a petition the White House refused to comment on (despite the number of signatures), that used this case as grounds to arrest Trump. Should this be mentioned on this page? Itsjerran (talk) 04:29, 5 April 2016 (UTC)[reply]

Probably not. We don't have a copy of the petition to which you refer, so the only thing to which we can respond is your post.

Here's how it works.

There is no procedure in the American legal system to "arrest" someone on the "grounds" of a U.S. Supreme Court decision. To arrest someone, you have to have a criminal statute. A court decision is not a criminal statute. You can't make something a crime with a U.S. Supreme Court decision.

The statute that was the subject of the case of Brandenburg v. Ohio was, according to the article, an Ohio criminal syndicalism statute. The statute was ruled to be invalid. Thus, even if Donald Trump had supposedly "violated" this Ohio statute, there would be no legal basis for prosecuting him, since the statute was ruled invalid in this very case.

Further, the fact that someone got some people to sign a petition is not, in and of itself, noteworthy -- nor is the fact that the White House refused to comment on such a petition.

One would also have to question why the White House would be expected to "comment" on such a petition. Was the petition submitted to the White House? If so, why? If someone has violated a criminal statute, there are prescribed legal procedures. Submitting a petition to the White House (or to anyone else) is certainly not a normal legal procedure for reporting an alleged violation of a criminal statute.

In short, you really haven't provided enough information to establish notability. Famspear (talk) 15:18, 5 April 2016 (UTC)[reply]

Consider Revision: "doubt was cast..."

The text "doubt was cast on Schenck v. United States (1919),[5] Abrams v. United States (1919),[6] Gitlow v. New York (1925)[7], and Dennis v. United States (1951).[8]" found in the opening paragraph of the page, in my opinion, requires a source to justify the statement that Brandenburg v. Ohio "cast doubt" on the case following.

Parkernm (talk) 23:02, 23 April 2019 (UTC)[reply]